“Person who has a controlling interest” defined.

1. “Person who has a controlling interest” means: (a) The president, secretary, treasurer or equivalent thereof of the corporation or business entity; (b) A partner, director or trustee of the corporation or business entity; or (c) A person who, directly or indirectly, possesses the power to direct the management or determine the policy of the corporation or business entity resulting from, without limitation, his or her ownership of voting stock in the corporation or business entity, a contract or any other circumstance. 2. The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.