Legal analysis: the actual controller, in short, is a natural person, legal person or other organization that actually controls listed companies and other enterprises and institutions. Although the actual controller is not a shareholder of the company on the surface, it actually dominates and controls the behavior of listed companies through investment relations, agreements or other arrangements. In combination with the provisions of the Company Law and relevant administrative regulations and documents, under any of the following circumstances, it can be considered as the actual controller of the company: (1) is the controlling shareholder holding more than 50% of the shares of the listed company; (2) Being able to actually control more than 30% of the voting rights of the listed company; Third, by actually controlling the voting rights of listed companies, more than half of the members of the board of directors of the company can be elected; (four) the actual control of the voting rights of the shares of the listed company is enough to have a significant impact on the resolutions of the shareholders' meeting of the company; Fifth, other circumstances identified by China Securities Regulatory Commission. Although on the surface, the actual controller is not a shareholder of the company, in fact he still enjoys rights in the company, and this right is often decisive for the development of the company. According to the principle of "equal rights and obligations", the law also gives the actual controller corresponding obligations. From the perspective of criminal law, the actual controller may become the subject of various crimes and bear criminal responsibility.
Legal basis: Paragraph 2 of Article 20 of People's Republic of China (PRC) Company Law. 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. Paragraph 3 of Article 20 of the Company Law of People's Republic of China (PRC) * * * If the shareholders of the company abuse the independent status of the company as a legal person and the shareholders' limited liability to evade debts, which seriously damages the interests of the company's creditors, they shall be jointly and severally liable for the company's debts.