1. For the purposes of Title II, parties closely related to the debtor shall include:
(a) where the debtor is a natural person:
(i) the debtor’s spouse or partner;
(ii) the debtor’s ascendants, descendants and siblings or those of the debtor’s spouse or partner, and the spouses or partners of those persons;
(iii) persons living in the debtor’s household;
(iv) persons with access to non-public information on the debtor’s affairs who have the possibility to control the debtor’s operations, including where they work for the debtor under a contract of employment or are in an employment relationship with the debtor;
(v) legal entities in which the debtor or one of the persons referred to in points (i) to (iv) is a member of the administrative, management or supervisory bodies; or
(vi) legal entities in which the debtor or one of the persons referred to in points (i) to (iv) performs duties which provide for access to non-public information on the debtor’s affairs;
(b) where the debtor is a legal entity:
(i) any member of the debtor’s administrative, management or supervisory bodies;
(ii) equity holders with a controlling interest in the debtor;
(iii) persons who perform functions similar to those performed by persons under point (i);
(iv) persons who are closely related, in accordance with point (a), to the persons listed in points (i), (ii) and (iii) of this point.
2. For the purposes of Title IV, parties closely related to the debtor shall include the persons listed in paragraph 1 and any other persons, including legal persons, with preferential access to non-public information on the debtor’s affairs.
3. Whether a party is closely related to the debtor shall be determined by reference to:
(a) for the purposes of Title II, the day on which the legal act subject to an avoidance action was perfected or a period of three months prior to the perfection of the legal act;
(b) for the purposes of Title IV, the day on which the liquidation phase of the pre-pack proceedings starts or a period of at least six months prior to the start of the liquidation phase.
Paragraph 1 and paragraph 3, point (a), of this Article shall apply mutatis mutandis to persons closely related to parties which have benefited from a void, voidable or unenforceable legal act as referred to in Article 12(2), second subparagraph.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.