What are the legal provisions for the determination of the actual controller of the company?

Legal analysis: the determination of the actual controller of the company. According to the law, 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. Therefore, the person who owns the company's control right refers to the person who can have a significant influence on the resolutions of the shareholders' meeting or actually control the company's behavior by directly holding the company's shares or through investment relations, agreements or other arrangements, or both.

Legal basis: According to Article 216 of the Company Law of People's Republic of China (PRC): (1) Senior management refers to the manager, deputy manager, financial officer, secretary of the board of directors and other personnel stipulated in the articles of association of a listed 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. (3) "Actual controller" refers to a person who is not a shareholder of the company, but can actually control the company's behavior through investment relations, agreements or other arrangements. (4) Relationship refers to the relationship between the controlling shareholder, actual controller, directors, supervisors and senior managers of the company and the enterprises directly or indirectly controlled by them, as well as other relationships that may lead to the transfer of the company's interests. However, state-controlled enterprises are not related only because they are controlled by the state.