What topics does related party consultation include?

The lawyer's answer:

The so-called related 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.

But state-controlled enterprises should not be related because they are state-controlled.

Related parties mainly include: controlling shareholders; Other shareholders; Enterprises controlled or held by controlling shareholders and other shareholders; Legal persons or natural persons that have substantial influence on the controlling shareholders and major shareholders; Joint venture in which the issuer participates; Joint venture in which the issuer participates; Other enterprises that mainly invest in individuals, key managers, core technicians or those closely related to the above; Other legal persons or natural persons that have substantial influence on the issuer.

The above-mentioned related parties can be divided into three kinds of relationships: first, corporate relationships, such as parent company and subsidiaries, or between two subsidiaries of the same parent company.

The second is the connection of natural persons. The two companies are directly or indirectly controlled by two natural persons, and there are parents, children, spouses, brothers and sisters between the two natural persons.

Three, other potential contacts, such as the interests of the agreement, or special relations.

Legal basis:

Article 2 16 of People's Republic of China (PRC) Company Law

The meanings of the following terms in this Law: (4) Affiliate 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.

Article 21 of the Company Law of People's Republic of China (PRC)

The controlling shareholder, actual controller, directors, supervisors and senior managers of the company shall not use their relationship to harm the interests of the company.

Anyone who violates the provisions of the preceding paragraph and causes losses to the company shall be liable for compensation.