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Joint Declaration in relation to the notion of "control" in Articles 30 (b)2441024.3008 and 2441024.45

Joint Declaration in relation to the notion of "control" in Articles 30 (b)2441024.3008 and 2441024.45

 

1. The Parties confirm their mutual understanding that the question of control shall depend on the factual circumstances of the particular case.

2. A company shall, for example, be considered as being "controlled" by another company, and thus a subsidiary of such other company if:

- the other company holds directly or indirectly a majority of the voting rights, or

- the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder or member of the subsidiary.

3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.