1. formulated by the State Administration for Industry and Commerce, clearly defining the concepts of parent company and subsidiary company. The parent company shall be a holding enterprise registered in accordance with the law and qualified as an enterprise legal person. The subsidiary shall be an enterprise legal person whose parent company owns all the shares or control rights. It can be seen from this regulation that the parent company is the holding company and the subsidiary company is the accused company. However, the proportion of the capital contribution of the contributing company to the registered capital of the invested company is considered as a holding company, and the existing laws, regulations and departmental rules do not stipulate it.
2. The other members of the enterprise group shall be other enterprise legal persons, institutions legal persons or social organizations legal persons whose parent company shares or forms production and operation cooperation relations with the parent company. What proportion of the capital contribution to the parent company accounts for the registered capital of the shareholding company can be considered as a shareholding, which is not stipulated in the existing laws, regulations and departmental rules. Only when the capital contribution of the contributing company has a controlling stake in the registered capital of the invested company can the contributing company be called the parent company and the invested company be called the subsidiary company. If the contributing company is only a shareholder of the funded company and does not own the controlling share of the registered capital, the relationship between the contributing company and the funded company is not the relationship between the parent company and the subsidiary company.
3. In the theory of company law, when a company owns a considerable number of shares in another company and can actually control the company, the former is the parent company and the latter is the subsidiary company. There is no uniform concept and standard for holding direction in the world. The early company law theory mainly understood holding from the perspective of capital control. Based on the principle of capital majority, it was considered that holding more than 50% of the company's share capital was enough to exert a dominant influence on the company it held, which could be considered as holding a controlling stake. If a shareholder holds more than 25% of the total issued voting shares of the company by himself or through a third person, it is presumed that the shareholder has control over the company's operation.
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American theorists generally say that "holding more than half of the shares" is not an absolute requirement to become a controlling shareholder, and it is necessary to examine whether there is a controlling subordination relationship from the substantive relationship. If a company is considered to control another company and make it its agent or management tool, it is the controlling shareholder. German law also adopts substantive standards, stipulating that a company is called an affiliated company if it is directly or indirectly influenced by another company.