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Identifying Links in Group Systems
from Part III - Decomposing Corporate Groups
Published online by Cambridge University Press: 04 May 2022
This chapter discusses the different categories of relations or connections that, in isolation or cumulatively, qualify as a means of control. This chapter adds a systematization of equity and nonequity modes of control to the existing corporate law literature. This ranges from traditional shareholding and share classes and contractual ties such as shareholder agreements and share lending contracts, to complex financial instruments, the significance of intermediated holdings, and to the role of participation on closed blockchain platforms and smart contracts governing the relationship between two or more companies. An important insight from the analysis described in this chapter is that a combined set of holdings can, due to its complex nature, lead to it running under the regulatory radar.
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