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National Report on Croatia

  • Nina TepešEmail author
  • Hrvoje Markovinović
  • Petar Miladin
Chapter
  • 8 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 43)

Abstract

Croatian Commercial Companies Act contains no legal definition of what constitutes control and its exercise within the group of companies. Rather, controlled company is defined as being a legally independent company over which another company (controlling company) may, directly or indirectly, exert a prevailing influence. Legal definition of the group of companies presupposes that the controlling and (either one or more) controlled companies are subject to the uniform management on behalf of the controlling company. Group of companies does not have a specific legal form nor is it considered to be a separate legal entity. Legally independent companies are forming a group because they are affiliated in accordance with relevant provisions of CCA. On account of such an affiliation, companies within a group are considered to form an economic unity. Commercial Companies Act provides for a rebuttable presumption that the controlling and (either one or more) controlled companies form a factual group of companies. However, prevailing influence may also be established when companies conclude certain types of entrepreneurial contracts, most notably the contract on the management of company’s business. Conclusion of such a contract leads to an irrebuttable presumption that those companies are subject to the uniform management and are forming the so-called contractual group of companies which consists of the controlling and controlled company.

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Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  • Nina Tepeš
    • 1
    Email author
  • Hrvoje Markovinović
    • 1
  • Petar Miladin
    • 1
  1. 1.Faculty of Law, University of ZagrebZagrebCroatia

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