(1) The term “participating interests” designates shares held in other enterprises, such shares being intended to contribute to own business operations by establishing a durable link with said enterprises. In this context, it is irrelevant whether the shares have been certificated as securities. A participating interest is assumed to be given if the shares held in an enterprise, in the aggregate, exceed one fifth of its nominal capital or, should no nominal capital exist, one fifth of the sum total of all equity shares in this enterprise. Section 16 (2) and (4) of the Stock Corporation Act is to be applied accordingly to the calculation. Membership in a registered cooperative is not deemed a participating interest within the meaning of this Book.
(2) Affiliated enterprises within the meaning of this Book are enterprises, independently of their legal form and of their seat, that in their relationship to one another are parent enterprises and subsidiary enterprises in accordance with section 290 (1) sentence 1 and (2) to (4); all subsidiary enterprises affiliated with the same parent enterprise are affiliated enterprises also amongst each other.