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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Order 2025Ma6793 Dated April 2, 2026 【Provisional Disposition Allowing the Assertion of Voting Rights】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Reference time for determination of whether “a company, its parent company and its subsidiary company together, or its subsidiary company alone holds more than one tenth of the total number of issued shares of another company” under Article 369(3) of the Commercial Act (held: a date on which a general meeting of a company or its subsidiary company is convened), and the time at which the shareholder of the company or subsidiary company who is going to assert his or her voting right is determined (held: a record date set for a general meeting of a company or its subsidiary company) [2] Whether “subsidiary company” under Article 369(3) of the Commercial Act is limited to domestic companies (negative) and whether a foreign company is required to be a corporation of the same or most similar type to a stock corporation under our Commercial Act to constitute a “subsidiary company” under Article 369(3) of the Commercial Act (affirmative) | |
