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State as a Controlling Person

Publication at Faculty of Law |
2021

Abstract

The state can be the founder of a joint-stock company. Under specified conditions, the state may also acquire an interest in a joint-stock company or other business corporation (including a cooperative) in a manner other than by its incorporation.

Simultaneously, the state may have a controlling position in a business corporation. The basis of its controlling position is primarily a significant ownership interest coupled with influence over the composition of the elected bodies of the business corporation.

If the state has a controlling position, it is subject to the same legal rules as other controlling persons. Legislation does not prohibit the state from being the controlling person of a group.

However, this is not consistent with the purpose of state participation in business corporations, nor with the explicitly declared functions of the state. Nevertheless, the state may be the controlling person of a joint-stock company that controls a concern, which is an arrangement that may be encountered in practice.