doc__table__2455

| 19 | Control is the power to govern the financial and operating policies of an entity or business so as to obtain benefits from its activities. A combining entity shall be presumed to have obtained control of another combining entity when it acquires more than one-half of that other entity's voting rights, unless it can be demonstrated that such ownership does not constitute control. Even if one of the combining entities does not acquire more than one-half of the voting rights of another combining entity, it might have obtained control of that other entity if, as a result of the combination, it obtains: (a) power over more than one-half of the voting rights of the other entity by virtue of an agreement with other investors; or (b) power to govern the financial and operating policies of the other entity under a statute or an agreement; or (c) power to appoint or remove the majority of the members of the board of directors or equivalent governing body of the other entity; or (d) power to cast the majority of votes at meetings of the board of directors or equivalent governing body of the other entity.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.