What is a Controlling Person? A Comprehensive Legal Overview

Definition & Meaning

A controlling person is an individual who has significant influence or actual control over a company that issues securities. This control is typically defined by corporate policies and practices. The term is often used in the context of securities law, where specific regulations apply to both the issuer and the controlling person. A controlling person may also be referred to as a control person.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A founder of a tech startup retains a majority of voting shares and makes key decisions regarding the company's direction. This individual is considered a controlling person.

Example 2: A major investor who holds a significant stake in a public company and has the power to influence board appointments may also be classified as a controlling person.

Comparison with related terms

Term Definition Key Differences
Controlling Person An individual with actual control over a securities issuer. Focuses on control and influence over corporate governance.
Beneficial Owner A person who enjoys the benefits of ownership even if the title is in another name. Does not necessarily have control over corporate decisions.
Control Person Synonymous with controlling person; emphasizes the authority held. Similar in meaning, often interchangeable in legal contexts.

What to do if this term applies to you

If you believe you are a controlling person, it is crucial to understand your responsibilities under securities law. Consider reviewing your corporate governance policies and compliance requirements. You can explore US Legal Forms for templates that can assist you in fulfilling these obligations. If your situation is complex, it may be wise to consult a legal professional for tailored advice.

Quick facts

Attribute Details
Typical Fees Varies by legal service provider.
Jurisdiction Federal and state securities laws.
Possible Penalties Fines, sanctions, or civil liability for violations.

Key takeaways

Frequently asked questions

A controlling person has actual control over corporate decisions, while a beneficial owner may not have control but benefits from ownership.