The shareholders of the two companies are the same. Are they affiliated enterprises?

The shareholders of both companies are affiliated enterprises. The so-called affiliated enterprises refer to enterprises that have direct or indirect control relations or significant influence relations with other enterprises. Related enterprises are related enterprises. Affiliates can be represented by holding companies and subordinate companies in law. The formation of the holding company and its subsidiaries mainly lies in the unified management relationship between the dry subsidiaries.

Legal analysis

Judgment of affiliated enterprises: (1) The total number of shares directly or indirectly held by one of them reaches 25% or more; (2) A third party directly or indirectly owns or controls more than 25% of the shares; (3) The loan funds between the enterprise and other enterprises account for more than 50% of the enterprise's own funds or more than 10% of the enterprise's total loan funds are guaranteed by other enterprises; (4) More than half of the directors, managers and other senior managers of the enterprise or a managing director is appointed by other enterprises; (5) The production and operation activities of an enterprise can only be carried out normally if another enterprise provides franchise rights (including industrial property rights and proprietary technology); (6) Raw materials, spare parts, etc. The products purchased by one enterprise (including prices and trading conditions) are controlled or supplied by another enterprise; (7) The sales of products or commodities produced by one enterprise, including prices and trading conditions, are controlled by another enterprise; (8) Other relevant interests that have actual control over the production, operation and transaction of the enterprise include family and kinship. The shareholders of the two companies are the same, so there must be an affiliated enterprise relationship. The law clearly stipulates the relevant provisions and conditions of affiliated enterprises, which can coordinate and promote the operation and development of the company in order to achieve results beneficial to both parties' production and operation. It should be noted that there is no direct relationship between the two companies in judicial expertise, or they are two companies.

legal ground

Article 124 of the Company Law of People's Republic of China (PRC), if a director of a listed company is related to the enterprise involved in the resolution of the board meeting, he shall not exercise the voting right on the resolution, nor shall he exercise the voting right on behalf of other directors. The board meeting can only be held when more than half of the unrelated directors are present, and the resolutions made at the board meeting must be passed by more than half of the unrelated directors. If there are less than three unrelated directors present at the board of directors, they shall be submitted to the shareholders' meeting of the listed company for deliberation.