määräysvallalla

Määräysvalta is a Finnish legal term that translates roughly to "control" or "decisive influence." It refers to the power to direct or significantly affect the actions and decisions of a company or other entity. This concept is crucial in corporate law, competition law, and financial regulation, where determining who exercises määräysvalta is often necessary for assessing responsibility, obligations, and market impact.

In a corporate context, määräysvalta is typically held by a majority shareholder or a group of shareholders acting in concert. However, it can also arise through other means, such as significant contractual rights, the ability to appoint the majority of the board of directors, or other arrangements that allow for the de facto control of the entity's management and operations. The precise definition and application of määräysvalta can vary depending on the specific legal framework and the purpose for which it is being assessed.

Identifying who holds määräysvalta is important for various legal and regulatory purposes. For instance, in competition law, it helps determine if two entities should be considered as a single economic unit for merger control purposes. In financial regulation, it can dictate reporting obligations and the application of certain rules to individuals or entities exercising control over financial institutions. Essentially, määräysvalta signifies a level of power that goes beyond mere ownership and allows for the substantive direction of an entity.