What is the meaning of 'control' in a private company limited by shares? | Legal Guidance | LexisNexis (2024)

From a company law perspective, ‘control’ can mean having the ability to:

  1. control the management of the company (eg the ability to appoint or remove directors the majority of the directors)

  2. exercise a majority of the voting rights in a company

  3. exercise a dominant influence over a company

Directors

By way of example, section 255 of the Companies Act 2006 (CA 2006) sets out the circ*mstances in which a director is taken to control a body corporate. A director will be deemed to control a body corporate where he or any person connected with him:

  1. is ‘interested’ in any part of the equity share capital (ie, ordinary shares) of the company, or

  2. is entitled to exercise or control the exercise of any part of the voting power at any general meeting of the company, and

  3. he, the persons connected with him and the other directors of that company, together—

    1. are interested in more than 50% of that share capital, or

    2. are

What is the meaning of 'control' in a private company limited by shares? | Legal Guidance | LexisNexis (2024)

FAQs

What is the meaning of 'control' in a private company limited by shares? | Legal Guidance | LexisNexis? ›

From a company law perspective, 'control' can mean having the ability to: control the management of the company (eg the ability to appoint or remove directors the majority of the directors) exercise a majority of the voting rights in a company. exercise a dominant influence over a company.

What is the legal definition of control? ›

1 : to exercise restraining or directing influence over esp. by law. 2 : to have power or authority over [precedent s the outcome in this case]

What is the definition of control in a company? ›

Control refers to having sufficient amount of voting shares of a company to make all corporate decisions. Also known as "corporate control," this privileged position exists due to majority shareholder support or a dual-class shareholder structure, but can change through a takeover or proxy contest.

Who has control in a private company? ›

Effective control of a private company generally rests with those persons who hold VOTING POWERS or GOVERNING DIRECTOR powers. This reflects the absolute power held by these people as they can retain profits within the structure, or reduce or eliminate profits by paying themselves higher wages or director's fees.

What is the difference between shareholder ownership and control? ›

Fundamentally, ownership refers to the proprietorship of the company, usually held by the shareholders. These shareholders have a financial stake in the firm and expect returns on their investment. On the other hand, control denotes the power to make managerial and strategic decisions in the business.

What is the definition of control in the Companies Act? ›

“control” shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting ...

What does control mean in ownership? ›

Ownership and control means ownership of at least 51% of the business, including corporate stock if a corporation, and control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to percentage of ownership. [

What is control in a private limited company? ›

From a company law perspective, 'control' can mean having the ability to: control the management of the company (eg the ability to appoint or remove directors the majority of the directors) exercise a majority of the voting rights in a company. exercise a dominant influence over a company.

Who owns and controls a private limited company? ›

Most limited companies are 'limited by shares'. This means they're owned by shareholders, who have certain rights. For example, directors may need shareholders to vote and agree changes to the company.

What are my rights as a shareholder in a private company? ›

What Are Some Key Shareholder Rights? Shareholders have the right to inspect the company's books and records, the power to sue the corporation for the misdeeds of its directors and/or officers, and the right to vote on critical corporate matters, such as naming board directors.

Do shareholders have control over a company? ›

Do shareholders have control over a company? Shareholders hold ownership stakes in a company. However, only those with a sizeable percentage of the outstanding shares can have a noticeable impact on how it is run and the decisions that are made. You get to vote on important things.

Who has more control a director or shareholder? ›

A shareholder normally has little to no control on the day-to-day running of the business. The responsibility of running the business lies with the company director. However the shareholder can attend meetings and discuss future ventures to benefit the business.

What is a shareholder control? ›

Shareholder Control means the power effectively used to direct the corporate activities and guide the operation of the Company's governing bodies, either directly or indirectly, in practice or by law.

What is the concept of control in law? ›

Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise.

What is the correct definition of control? ›

: an act or instance of controlling. also : power or authority to guide or manage.

What is the legal definition of common control? ›

A common control transaction is a transfer of assets or an exchange of equity interests among entities under the same parent's control. Control can be established through a majority voting interest, variable interests and contractual arrangements.

What is the law of control? ›

The Law of Control states that we feel good about ourselves to the degree to which we feel that we are in control of our own lives.

Top Articles
Latest Posts
Article information

Author: Madonna Wisozk

Last Updated:

Views: 5682

Rating: 4.8 / 5 (68 voted)

Reviews: 83% of readers found this page helpful

Author information

Name: Madonna Wisozk

Birthday: 2001-02-23

Address: 656 Gerhold Summit, Sidneyberg, FL 78179-2512

Phone: +6742282696652

Job: Customer Banking Liaison

Hobby: Flower arranging, Yo-yoing, Tai chi, Rowing, Macrame, Urban exploration, Knife making

Introduction: My name is Madonna Wisozk, I am a attractive, healthy, thoughtful, faithful, open, vivacious, zany person who loves writing and wants to share my knowledge and understanding with you.