lexiara

(l)

“controlling a legal person, group or entity” means, but is not limited to: having the right or exercising the power to appoint or remove a majority of the members of the administrative, management or supervisory body of such legal person, group or entity; having appointed solely as a result of the exercise of one’s voting rights a majority of the members of the administrative, management or supervisory bodies of a legal person, group or entity who have held office during the present and previous financial year; controlling alone, pursuant to an agreement with other shareholders in or members of a legal person, group or entity, a majority of shareholders’ or members’ voting rights in that legal person, group or entity; having the right to exercise a dominant influence over a legal person, group or entity, pursuant to an agreement entered into with that legal person, group or entity, or to a provision in its Memorandum or Articles of Association, where the law governing that legal person, group or entity permits its being subject to such agreement or provision; having the power to, de facto, exercise the right to exercise a dominant influence referred to in point (d), without being the holder of that right; having the right to use all or part of the assets of a legal person, group or entity; managing the business of a legal person, group or entity on a unified basis, while publishing consolidated accounts; sharing jointly and severally the financial liabilities of a legal person, group or entity, or guaranteeing them.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.