Controlling interest explained

A controlling interest is an ownership interest in a corporation with enough voting stock shares to prevail in any stockholders' motion. A majority of voting shares (over 50%) is always a controlling interest. When a party holds less than the majority of the voting shares, other present circumstances can be considered to determine whether that party is still considered to hold a controlling ownership interest.[1]

In the United States, Delaware corporations have a 2/3 vote requirement for a motion to pass. In theory, this could mean that a controlling interest would have to be over two-thirds of the voting shares.

A 2019 study published in the Virginia Law Review said dual-class stock structures, common to newly public technology companies, creates governance risks and costs, including the potential loss of economic value for non-voting shares held by public investors.[2] [3]

See also

Notes and References

  1. Web site: Hefter. Michael. Philip. Ryan. Kolker. David. Delaware Court Establishes "Taxonomy" For Controlling Stockholder Claims. Transaction Advisors. 2329-9134. 2015-01-16. 2016-03-25. https://web.archive.org/web/20160325003229/https://www.transactionadvisors.com/insights/delaware-court-establishes-taxonomy-controlling-stockholder-claims. dead.
  2. Web site: The Perils of Lyft's Dual-Class Structure. Harvard Law School Forum on Corporate. Governance. Financial. Regulation. corpgov.law.harvard.edu. 3 April 2019 .
  3. Web site: The Untenable Case for Perpetual Dual-Class Stock. Lucian A.. Bebchuk. Kobi. Kastiel. April 18, 2017. 10.2139/ssrn.2954630 . 2954630 . 157125087 . papers.ssrn.com.