(1) A company is not an * exempting entity at a particular time if:
(a) it is a * post - choice NZ franking company at the time; and
(b) the company is a * listed public company at the time.
(2) A company (the non - exempting company ) is not an * exempting entity at a particular time if at the time:
(a) the non - exempting company is a * 100% subsidiary of a company (the listed company ) that is not an exempting entity because of subsection (1); and
(b) the non - exempting company is an Australian resident or a * post - choice NZ franking company; and
(c) if:
(i) there are one or more companies interposed between the non - exempting company and the listed company; and
(ii) one or more of the interposed companies are * NZ residents;
all of the interposed companies that are NZ residents are post - choice NZ franking companies.
(3) This section has effect despite section 208 - 20 (about an entity being an * exempting entity).