Public undertaking

Any undertaking over which public sector bodies may exercise directly or indirectly a dominant influence by virtue of their ownership of the undertaking, their financial participation in it or the rules governing it; for the purposes of this definition, a dominant influence of public sector bodies over the undertaking shall be presumed in all the following cases where those bodies, directly or indirectly: 

  • hold the majority of the undertaking's subscribed capital;
  • hold the majority of the votes attached to the shares issued by the undertaking;
  • can appoint more than half of the members of the enterprise's administrative, management or supervisory body.

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