The actual controller refers to the person who can actually control the company's behavior through investment relations, agreements or other arrangements, although he is not a shareholder of the company.
If the shareholders of a limited liability company, the directors and controlling shareholders of a joint stock limited company and the actual controller of the company fail to liquidate according to law after the dissolution of the company, maliciously dispose of the company's property, causing losses to creditors, or defraud the company registration authority to cancel the registration of legal person with false liquidation reports, and the creditors claim to be liable for the company's debts, the people's court shall support them according to law.
Legal basis: Article 216th of the Company Law of People's Republic of China (PRC). The meanings of the following terms in this Law:
(1) Senior management refers to the manager, deputy manager, financial officer, secretary of the board of directors of a listed company and other personnel stipulated in the articles of association of the company.
(2) Controlling shareholders refer to shareholders whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total share capital of a joint stock limited company; Although the capital contribution or the proportion of shares held is less than 50%, but according to their capital contribution or shares held, shareholders have enough voting rights to the shareholders' meeting and the resolutions of the shareholders' meeting.