(69) Promoter

“promoter” means a person—

(a)

who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or

(b)

who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; or

(c)

in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act:

Proviso

Provided that nothing in sub-clause ( c ) shall apply to a person who is acting merely in a professional capacity