What is a VIE?
A corporation, partnership, trust, LLC, etc that either does not have equity investors with voting rights OR lacks the sufficient financial resources to support its activities
Who is the Primary Beneficiary?
The entity that is required to consolidate the VIE
What power does the primary beneficiary have?
A company has a variable interest in a business entity when all of the following conditions are met:
A business entity is a variable interest entity if it has the following characteristics:
An entity is automatically deemed to be a VIE if ALL 3 of these conditions are met:
1- Most of the activities are conducted on behalf of equity investor
2- Voting rights of that investor are small
3- Voting rights are out of line
Consolidation is required if all 3 conditions are met:
1- we have variable interest
2- entity is a VIE
3- we are primary beneficiary