kontrollbalanse

Kontrollbalanse is a term used in certain legal systems, particularly in continental European civil law traditions, to describe the balance of control between a company's management and its shareholders. It addresses the question of who ultimately holds the power to make decisions and direct the company's operations. The concept arises when there is a divergence between the ownership of shares and the control of those shares, for example, through different classes of shares with varying voting rights or through complex ownership structures.

In essence, kontrollbalanse examines whether the actual control exercised over a company aligns with the theoretical control granted by share ownership. This can become relevant in situations involving mergers, acquisitions, or disputes over corporate governance. If a party gains de facto control of a company through mechanisms that bypass the standard voting rights, legal systems may look to the principle of kontrollbalanse to assess the legitimacy of that control. The purpose is to ensure fairness and prevent the abuse of power by those who may not hold the majority of equity but wield significant influence.