(1) Cross-shareholding enterprises are enterprises legally structured as a share capital company that have their seat in Germany and are affiliated with each other as a result of each enterprise owning more than one quarter of the shares of stock in the respective other enterprise. Section 16 (2) sentence 1 and (4) applies in establishing whether or not an enterprise owns more than one quarter of the shares of stock in the respective other enterprise.
(2) Where a cross-shareholding enterprise holds a majority interest in the other enterprise, or where one enterprise is able to indirectly or directly exert a controlling influence on the other enterprise, the former is to be regarded as the controlling enterprise and the latter is to be regarded as the controlled enterprise.
(3) Where each of the cross-shareholding enterprises holds a majority interest in the respective other enterprise, or where each enterprise is able to indirectly or directly exert a controlling influence on the respective other enterprise, both enterprises are considered controlling and controlled enterprises.
(4) Section 328 is not to be applied to enterprises that are controlling or controlled enterprises pursuant to subsection (2) or (3).