controlling company | dominant enterprise

non-controlling shareholder

non-controlling shareholder

non-controlling interest [ minority interest ]

With respect to New Entity Accounts, for the purposes of determining whether a Controlling Person of a Passive NFE is a Reportable Person, a Reporting Financial Institution may only rely on a self-certification from either the Account Holder or the Controlling Person.

(2) Until the corporation has fulfilled all its obligations under a contract referred to in subsection (1), the other party retains the status of claimant entitled to be paid as soon as the corporation is lawfully able to do so or, in a liquidation, to be ranked subordinate to the rights of creditors and to the rights of holders of any class of shares whose rights were in priority to the rights given to the holders of the class of shares being purchased, but in priority to the rights of other shareholders.

If two holders of 19% to 20% get together—and there's an interdiction on that—essentially they control 40% of the company.

In the 2007 judgment the Court of Justice found that Germany had infringed the free movement of capital by maintaining in force three provisions of the Volkswagen Law , namely (i) the provision granting the Federal State and the Land of Lower Saxony the right each to appoint two representatives to the supervisory board of the Volkswagen AG, as well as (ii) the provision capping the voting rights of any individual shareholder at 20% ‘in conjunction with’ the provision affording any shareholder holding 20 % of the share capital a blocking minority to resolutions of the general assembly of Volkswagen.