Legal basis: Article 2 16 of People's Republic of China (PRC) Company Law.
The term "actual controller" as mentioned in this Law refers to a 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.
Difference between controlling shareholder and actual controller of a company
1. A controlling shareholder refers to a shareholder 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 amount of capital contribution or the proportion of shares held is less than 50%, the voting rights enjoyed according to the amount of capital contribution or shares held are enough to have a significant impact on the resolutions of the shareholders' meeting and the shareholders' meeting;
2. 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.