32 HAVE AGREED AS FOLLOWS: PART I DEFINITIONS Article 1 Definitions For the purposes of this Protocol: (a) "Commercial presence" means any type of business or professional establishment, including through: i. the constitution, acquisition or maintenance of a juridical person, or ii. the creation or maintenance of a branch or a representative office, within the territory of a State Party for the purpose of supplying a service; (b) "Direct taxes" comprise all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation; (c) "Juridical person" means any legal entity duly constituted or otherwise organised under applicable law of State Parties, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association; (d) A juridical person is: (e) i. "Affiliated" with another person when it controls, or is controlled by, that other person; or when it and the other person are both controlled by the same person; ii. "Controlled" by persons of a State Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; and iii. "Owned" by persons of a State Party if more than 50 per cent of the equity interest in it is beneficially owned by persons of that State Party; "Juridical person of another State Party" means a juridical person which is either: