“participation rights” in relation to a foreign company means –

 

(a)     the right to participate all or part of the benefits of the rights (other than voting rights) attaching to a share, or any interest of a similar nature, in that company; or

 

(b)     in the case where no person has any right in that foreign company as contemplated in paragraph (a) or no such rights can be determined for any person, the right to exercise any voting rights in that company; and