Joint stock enterprises30 Do you have a controlling stake?

A controlling stake is one that controls the company's development strategy, business policy, etc., and simply put, controls the board of directors. There is a relative controlling interest and an absolute controlling interest. Absolute control means that you control more than 50% of the equity of a company.

Relative controlling interest depends on different companies, which is to accuse equity shareholders of having a relatively majority of the shares, and in some companies with more scattered and more shares, sometimes 20% can reach a controlling stake. In some companies with relatively concentrated shareholdings, 30% may not be able to control the company. In terms of economic components in terms of statistics, absolute control means that in the total paid-in capital of an enterprise, the proportion of paid-in capital (share capital) owned by the investors of a certain economic component to the total paid-in capital (share capital) of the enterprise is greater than 50%.

Although this absolute holding model can enhance management and supervision, it will also have a negative impact on the improvement of the company's performance. If one of the parties is state-owned or collective, and the two parties account for 50% of the investment and who is the absolute controlling shareholder, it will be treated as a public-owned absolute controlling economy; If the two parties are state-owned or collective, they shall be treated as absolute state-owned holdings.

Theoretically speaking, 30% of a joint-stock enterprise does not necessarily have a controlling stake, and only more than 50% of the shares have control, but in practice, the shares of an enterprise are highly dispersed, and 30% of the shares can generally achieve a controlling position.

The reason for this is as follows: it may be the internal rules and regulations of private enterprises.

Decided. Investors can effectively control more than 30% of the voting rights of the shares of listed companies. In the third quarter, the largest shareholder, China Resources, holds only 17% of the shares, and if you hold 30%, you will become the largest shareholder.

Vanke shares****.

Founded in May 1984, it is currently the largest professional residential development enterprise in China. In 2007, the company completed the new construction area of 10,000 square meters, the completed area of 10,000 square meters, the sales amount of 100 million yuan, the first settlement income of 100 million yuan, net profit.

100 million yuan, tax payment of 100 million yuan. Laying the foundation with the concept and putting ethics above business interests are the biggest characteristics of Vanke.

Under normal circumstances, the controlling shareholder refers to the shareholder whose capital contribution accounts for more than 50% of the total capital of the limited liability company or whose shares account for more than 50% of the total share capital of the company.

According to the provisions of the Company Law, shareholders who hold 30% of the company's shares have the rights to share in the company's profits and vote on important matters of the company.

If the actual shareholder status is obtained, and the actual shareholding ratio is recorded in the industrial and commercial registration of 30%, then it can be seen from the Company Law and its precedent provisions that the shareholders of 30% of the shares, if there is no other agreement in the articles of association, have the right to dividends in accordance with the proportion of capital contribution, the right to know the company's operating conditions and financial status, the right to convene an extraordinary general meeting of shareholders, the right to request the court to dissolve the company, and the right to exercise shareholder relief when the company's rights and interests are damaged.

1. Thirty percent of the shares means that things that have a significant impact on the company must be voted on at the general meeting of shareholders, which has nothing to do with listing. 30% of the shares indicate the proportion of capital contribution in the company, and in the future, dividends can be distributed according to the proportion of capital contribution and enjoy other shareholder rights.

2. Shares represent partial ownership of the company, which is divided into ordinary shares, preferred shares, and equity that has not been fully paid. Shares generally have the following three meanings:

Shares are the constituent components of the capital of shares;

Shares represent the rights and obligations of shareholders of shares;

Shares can express their value in the form of ****.

Holding more than 30% of the shares means the birth of a new controlling shareholder, the change of the company's control structure, other investors do not necessarily trust the new controlling shareholder, and small and medium-sized shareholders have to be given a fair opportunity to exit. Article 88 of the ** Law: "If an investor holds or jointly holds with others through an agreement or other arrangement 30% of the issued shares of a listed company through a transaction on the ** exchange, and continues to make the acquisition, he shall issue an offer to all shareholders of the listed company to acquire all or part of the shares of the listed company in accordance with the law." ”

Because there are still many outstanding shares outside that are not concentrated together, 30% is currently the largest single ** east.

Summary. Shareholder qualification is the basis for shareholders to exercise their rights and assume obligations. According to the provisions of the Company Law of the People's Republic of China, there are two criteria for determining shareholder qualifications: substantive standards and formal standards.

The substantive standard refers to the actual capital contribution or subscribed capital contribution of the shareholder, and the formal standard means that the shareholder is recorded in the register of shareholders and has been registered. If these two conditions are met, the shareholder qualification is obtained.

The qualification of shareholders is first confirmed by contributing capital or subscribing for shares to the company, or successively acquiring shares or equity, that is, the shareholders have an actual investment relationship with the company.

30% of the shares are the controlling shareholders.

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Pro, why is 30% of the shares the controlling shareholder: A ** Dong owns more than 30% of the company's shares, which means that the shareholder has 3% or 10% of the voting rights, if the shirt is a listed company, the shareholder belongs to the controlling shareholder.

Shareholder qualification is the basis for shareholders to exercise their rights and assume obligations. According to the provisions of the Company Law of the People's Republic of China, there are two criteria for determining the qualifications of shareholders: substantive standards and formal standards. The substantive standard refers to the fact that the shareholder actually contributed capital or subscribed for the capital contribution, and the formal standard means that the shareholder is recorded in the shareholder register and has been registered.

If these two conditions are met, the shareholder qualification is obtained. The qualification confirmation of shareholders is first of all to contribute capital to the company or subscribe to the purchase of shares, or to acquire shares or equity by succession, that is, the shareholders have an actual investment relationship with the company.

1. In accordance with the order, when the board of supervisors does not convene and preside over the general meeting of shareholders, shareholders who hold 10% of the shares individually or collectively for more than 90 consecutive days may regret to convene and preside over the meeting on their own;

2. The right to request the court to dissolve the company when the company is in difficulty in operating and can damage the rights and interests of shareholders due to early collapse.

Legal basis: Article 27 of the Company Law of the People's Republic of China Shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law, such as physical objects, intellectual property rights, land use rights, etc.; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued.

Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.