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Part 2 · Power of direction as well as liability and responsibilities in the case of controlled enterprises  ›  Division 2 · Liability and responsibilities in the case of no control agreement existing › Section 311

Limitations restricting the exertion of influence

(1) Where no control agreement exists, a controlling enterprise may not use its influence to instigate a controlled stock corporation or public partly limited partnership to enter into a legal transaction disadvantageous to it or to take or refrain from taking measures resulting in a disadvantage, unless the disadvantages are compensated.

(2) Where the compensation has not in fact been provided in the course of the financial year, then it must be determined, at the latest at the end of the financial year in which the controlled company suffered the disadvantage, when and by which advantages it is intended to compensate for the disadvantage. The controlled company is to be granted a legal claim to the advantages determined to serve as compensation.

(3) Sections 111 to 111c remain unaffected.

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