Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1768 (March 27, 2021).

58 Pa. Code § 433a.7. Trusts.

§ 433a.7. Trusts.

 (a)  A trust or similar business entity shall apply for and obtain a principal license prior to possessing any of the following:

   (1)  A direct ownership interest in a slot machine or management company licensee.

   (2)  A 1% or greater indirect ownership interest in a slot machine or management company licensee. An ownership interest that is held indirectly by an individual through one or more intervening entities will be determined by successive multiplication of the ownership percentages for each link in the vertical chain.

   (3)  A right to receive a payment from a slot machine licensee based or contingent upon a licensee’s earnings, profits or receipts from the slot machines, table games and associated equipment for use or play in this Commonwealth.

   (4)  A right or ability to control or influence the management or policies of a slot machine or management company licensee.

   (5)  A general partnership interest in a limited partnership that is a slot machine or management company licensee.

   (6)  A general partnership interest in a limited partnership that is a principal affiliate of a slot machine or management company licensee.

 (b)  A trust or similar business entity shall submit a completed application in accordance with §  433a.8 (relating to principal applications) prior to possessing any of the following:

   (1)  A direct ownership interest of 1% or more in a licensed manufacturer, licensed supplier or licensed manufacturer designee.

   (2)  A 1% or greater indirect ownership interest in a licensed manufacturer, licensed supplier or licensed manufacturer designee. An ownership interest that is held indirectly by an individual through one or more intervening entities will be determined by successive multiplication of the ownership percentages for each link in the vertical chain.

   (3)  A right or ability to control or influence the management or policies of a licensed manufacturer, licensed supplier or licensed manufacturer designee.

   (4)  A general partnership interest in a limited partnership that is a licensed manufacturer, licensed supplier or licensed manufacturer designee.

   (5)  A general partnership interest in a limited partnership that is a principal affiliate of a licensed manufacturer, licensed supplier or licensed manufacturer designee.

 (c)  If a trust is required to be licensed as a principal in accordance with this section, each trustee, grantor and beneficiary, including a minor child beneficiary, of the trust shall also be licensed as a principal.

 (d)  Notwithstanding subsections (a) and (b), a trust whose ownership interest in a licensee consists of less than 5% of the voting securities of a publicly traded company will not be required to be licensed as a principal.

 (e)  Notwithstanding any provision to the contrary in this section, the Board may require any trust that has any financial interest in a licensee to be licensed as a principal.

Authority

   The provisions of this §  433a.7 amended under 4 Pa.C.S. § §  1202(b)(9)—(23) and (30), 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 1311.1, 1326, 13A11, 13A12—13A14, 13A15 and 1802 and Chapter 13.

Source

   The provisions of this §  433a.7 amended November 19, 2010, effective November 20, 2010, 40 Pa.B. 6676; amended June 12, 2015, effective June 13, 2015, 45 Pa.B. 2829. Immediately preceding text appears at serial pages (354548) and (363707).



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