In short, the actual controller is the natural person, legal person or other organization that actually controls the listed company. The principle of determining the actual controller is to control the shares of a company individually or jointly, and the voting rights exceed the voting rights exercised by the shareholders with the largest number of shares in the company's shareholder list.
If the company's shares are controlled by itself or jointly, and the voting rights reach or exceed 30%, and more than half of the members of the company's board of directors can be elected through their own or jointly controlled voting rights, the company's financial and operating policies can be decided, thus benefiting from the company's business activities. The relevant departments can judge other situations in which an entity can actually control the company's behavior according to the principle that substance is more important than form.
In any of the following circumstances, it is deemed as "being able to actually control the company's behavior" and regarded as the actual controller:
(1) Controlling a company's shares and voting rights individually or jointly exceeds the voting rights exercised by the shareholders with the largest number of shares in the company's register of shareholders.
(2) Controlling the shares and voting rights of a company individually or jointly reaches or exceeds 30%.
(3) More than half of the members of the board of directors of the company can be elected by voting rights controlled individually or jointly.
(4) Being able to decide the company's financial and business policies and benefit from the company's business activities.
(5) According to the principle that substance is more important than form, the relevant departments judge other situations in which a subject can actually control the company's behavior. Due to the change of actual controller in the process of reorganization, the continuous calculation of performance will be interrupted, which will seriously affect the process of public offering of shares. Please ask the company to seek the opinions of the sponsor institution in time before taking corresponding actions.