What is the power of absolute holding in company law?
1. What is the absolute controlling interest in the company law? Absolute holding means that shareholders' capital contribution accounts for more than 50% of the total capital of a limited liability company or their shares account for more than 50% of the total share capital of a joint stock limited company. Relative holding means that in the total paid-in capital of an enterprise, although the proportion of paid-in capital (share capital) owned by the investor of an economic sector does not exceed 50%, according to the agreement, he has the actual control right of the enterprise (agreement holding); Or the proportion of investors that is relatively greater than any other economic component (relative holding). Holding refers to holding a certain number of shares to control the company's business. A company that controls a company by holding a certain number of shares. Holding companies are divided into pure holding companies and mixed holding companies according to their holding methods. Pure holding companies do not directly engage in production and operation business, but only carry out capital operation by holding shares of other companies. Hybrid holding companies not only carry out capital operation through holding, but also engage in some production and operation businesses. Institutions holding more than 50% of shares are enough to control the business activities of joint-stock companies. Two. How to define the corporate personality in the Company Law Article 20 of the Company Law of People's Republic of China (PRC) shall abide by laws, administrative regulations and the articles of association of the company, exercise shareholders' rights according to law, and shall not abuse shareholders' rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company. Article 64 If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall be jointly and severally liable for the company's debts.