A company is not to be treated as a close company where:
•the company is controlled (under any of the control tests in CTM60210 to CTM60250) by an open company, or by two or more open companies, and
•it cannot be treated as a close company (under the control tests in CTM60210 to CTM60250 or the winding-up test in CTM60320) except by including an open company in the group of five or fewer participators.
A company is also not to be treated as a close company where:
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