PART 4 (CHAPTER 6) Flashcards

1
Q

Affiliated companies

A
  • companies in relationship of simple/mutual participation
  • companies in a control/group relationship
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2
Q

Relationship in simple participation

A

when one company holds quotas or shares of the other in an amount equivalent to or higher than 10% of the share capital of another company

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3
Q

Relationship of mutual participation

A

when each company holds at least 10% of the share capital of the other

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4
Q

Control relationship

A
  1. when one company (the controlling company) can exercise a controlling influence over another (the controlled company)
  2. a controlling influence when the controlling company holds:
    - majority of capital
    - majority of voting rights
    -right to appoint majority of members of management
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5
Q

Group relationship

A

three types of mechanisms for the creation of a group relationship:
1. Groups incorporated by means of total control
2. Groups incorporated by means of the execution of a horizontal group
agreement
3. Groups incorporated by means of a subordination agreement

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6
Q

Groups incorporated by means of total control

A
  • total initial control: when one company incorporates a share company, the incorporating company is the sole partner and holds 100% of the share capital
  • total subsequent control
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7
Q

Groups incorporated by means of the execution of a horizontal group
agreement

A

two or more companies agree to submit their management to a single common management

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8
Q

Groups incorporated by means of a subordination agreement

A

company subordinates its management to the corporate bodies of another company

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