Difference between control right and management right of limited company

There are many joint-stock companies in our daily life. For joint-stock companies, there is definitely a problem of equity, and there are usually many shareholders. Shareholders generally have controlling shares, but a few shareholders also have controlling shares. Control right means that shareholders can control their own shares. Control right means that minority shareholders who hold a large proportion of the company's shares have certain control right to convene the company's affairs, such as one-vote veto, which is control right.

1. What's the difference between controlling right and controlling right?

Control right refers to the right to hold more than 50% of the company's shares, or the right to hold the largest proportion of the company's shares although it does not reach 50%, which can affect the business activities of the enterprise.

Control right refers to the right of shareholders to control the company's rights and interests according to the company's equity, articles of association and actual operation and management, and it is a kind of power between ownership and management right.

Second, the rights of each shareholding ratio.

Holding 0/%of the company's/KLOC-shares, having the right of appeal and the right of indirect investigation and prosecution, in which the object of investigation right is the board of supervisors or the board of directors;

Holding 3% of the company's shares, having the right to hold small meetings and make temporary proposals;

Holding 5% of the company's shares and major changes have taken place in the equity warning line;

Holding 0/0% of the shares of the company/KLOC-0, an interim meeting can be held to inquire, prosecute, investigate, liquidate and dissolve the company.

Holding 20% of the company's shares, there is a major warning line for horizontal competition;

Hold 30% of the company's shares and reach the company's tender offer line;

The company holds 34% of the shares and has one veto;

Holding 5 1% of the company's shares, it has obtained the absolute control of the company, which is the control line of the company and the absolute control of the company;

Holding more than 67% of the company's shares, you can have the right to modify the company's articles of association, division and merger, as well as major project changes and major decisions of the company;

Third, shareholders' rights and interests and shareholders' control rights.

As the name implies, shareholders' equity refers to the right that shareholders can claim from the company with their actual capital contribution; Shareholders' control right refers to the management control right of related enterprises obtained by shareholders because of equity. These two concepts have rich connotations and extensions.

Fourthly, the connotation and extension of the concept of shareholders' equity.

Equity: that is, shareholders' rights, and its concept has broad and narrow meanings. Broadly speaking, equity refers to all kinds of rights that shareholders can claim from the company; In a narrow sense, equity only refers to the rights enjoyed by shareholders to benefit from the company or economy and participate in the company's operation and management based on their qualifications. Therefore, the equity as the target of equity pledge is only a narrow sense of equity.

Therefore, the so-called equity refers to the transferable right of shareholders to participate in affairs and enjoy property interests in the company by way of capital contribution according to the provisions and procedures of the law or the articles of association.

The difference between control right and controlling right is often caused by the number of shares. For this issue, the first thing to note is that shareholders with more than 34% of the shares generally have one veto, which is the embodiment of control at this time. The controlling right is generally the right to control one's own shares, so there is a big difference between the two.