According to Item (2) of Article 216 of the Company Law, the controlling shareholder refers to the shareholder whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shareholding ratio accounts for more than 50% of the total capital of a joint stock limited company; Although the capital contribution or shareholding ratio is less than 50%, its voting rights are enough to have a significant impact on the shareholders' meeting or the resolutions of the shareholders' meeting.
Does the subsidiary have an independent legal person?
A subsidiary refers to a company that another company holds a certain number of shares and is controlled by another company. The parent company holds shares in other companies and can control these companies. There is an economic relationship between the parent company and the subsidiary company, and the subsidiary company has legal person status.
Although under the actual control of the parent company, subsidiaries are restricted and managed by the parent company in many aspects, some subsidiaries are actually similar to the branches of the parent company. Legally, a subsidiary is an independent legal person, engaged in business activities in its own name and independently bears civil liability.
Subsidiaries have their own articles of association, board of directors and other corporate decision-making bodies. A subsidiary has independent property, and the property actually occupied and used belongs to the subsidiary and has its own balance sheet. Each subsidiary and parent company shall bear their own responsibilities within the scope of their own property, and they are not related to each other. The establishment of a subsidiary must be strictly in accordance with the requirements for the establishment of the company, obtain a business license according to law, and go through relevant procedures before it can start business.