The corporate control right of a company mainly includes controlling the ownership and management rights of the company, controlling the voting rights of the company's shareholders, shareholders' meeting and board of directors, controlling the appointment and removal rights of the company's legal representative and senior management personnel, and controlling the company's official seal, license, financial books and office space. For example, last year's "Dangdang incident" was a dispute over seals. In practice, disputes arising from the struggle for control of a company are very common, such as disputes over equity transfer contracts, shareholder qualification confirmation, capital contribution, shareholder's right restriction, shareholder's right to know, and shareholder's lawsuit against director for harming the company's interests.
The rudest way to realize corporate control is equity control. Let the founder or founding team have more stocks with high voting rights, while others who have little influence on the decision-making of the enterprise get more stocks with low voting rights to realize the control of the enterprise; If an enterprise does not want to set up dual shares, especially a limited liability company, it can directly stipulate in the articles of association that each share of the founder has multiple voting rights, which can greatly increase the voting rights of the founding shareholders in the shareholders' meeting; In addition, the founder (or founding team) can also maintain the founder's control over the enterprise by entrusting voting rights, acting in concert or setting up a shareholding entity (limited partnership) to hold minority shareholders' equity.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 42 of the Company Law
At the shareholders' meeting, shareholders shall exercise their voting rights in proportion to their capital contribution; However, unless otherwise stipulated in the articles of association. From this, we can design a company control mode that does not exercise voting rights according to the proportion of capital contribution through the company's articles of association, and separate the ownership and control of the company.