Simple majority (50% < Votes < 75%):
This is the lowest threshold for positive control in a company, when a single shareholder controls more than half of voting rights (Votes >50%), they can independently pass ordinary shareholder resolutions, since they cannot be outvoted even if all other shareholders coordinate.
This applies only to ordinary decisions, fundamental decisions requiring a 75% qualified majority still require coordination with other shareholders or a veto player (if present).
For classification purposes, we use the term “simple majority shareholder” only for actors whose voting rights exceed 50% but remain below 75%. This excludes qualified-majority shareholders, even though they also exceed the 50% threshold and therefore possess all powers associated with a simple majority.
Examples of powers:
In a GmbH, approval of financial statements (GmbHG § 46 no. 1), the appointment or dismissal of Managing directors (GmbHG § 46 no. 5), as well as setting measures for the audit and supervision of managing directors (GmbHG § 46 no. 6).
See also: