TikTok’s fate could be left to Beijing thanks to a “secret” deal that gives the Chinese government leverage over any potential deal involving the platform, “Shark Tank” investor Kevin O’Leary told FOX Business on Monday .

“There is something called a secret gold share that all Chinese companies must issue to the leadership of the CCP. It is Xi (Jinping) himself and it turns out that ByteDance can’t trade anything unless he has taken a decision,” O’Leary said. Ventures president said “Mornings with Mary” guest host Cheryl Casone.

“The secret part is a veto power over the rest of the shareholders,” he explained. “They have no rights once the secret action is issued, so now we’re dealing with what to do with the secret action, because until she decides what’s going to happen, it doesn’t matter what the shareholders or the CEO think . or either direction, is irrelevant. It’s the secret gold part that determines TikTok’s fate.”

KEVIN O’LEARY PUTS TIKTOK’S $20 BILLION CASH OFFER ON THE TABLE: ‘MOST INTERESTING, COMPLICATED, CRAZY SITUATION’

O’Leary Ventures president Kevin O’Leary discussed TikTok’s uncertain future while appearing on “Mornings with Maria” on Monday. (Ting Shen/Bloomberg via Getty Images/Getty Images)

How The New York Times explained itin this deal, the “Chinese government buys a small share of a company’s equity in exchange for a seat on its board and veto power over certain company decisions.”

Speaking on the matter later on “Varney & Co.,” O’Leary said the news may surprise other investors involved in Chinese companies.

“They’re all subject to the secret gold share holder, and I think that violates some US securities laws, if you’re listed on a New York Stock Exchange or NASDAQ or any other exchange,” he said.

“Rumours are going around today here in Washington that Lindsey (Graham) … is going to introduce a bill on this very soon because we’re learning a lot through this TikTok situation. There’s no deal yet. That deal now it’s in Trump’s hands and it will be his deal, unfortunately, the option to extend 90 days is not currently in the current law, so Congress will have to amend it The property is not allowed by the order of the Supreme Court of 9 to 0, so … our hands are tied as buyers, and we will have to abide by the law unless President Trump can change it.”

TikTok has said, in contrast, that “an entity affiliated with the Chinese government owns 1% of a ByteDance subsidiary, Douyin Information Service,” and says the stake “has no relation to ByteDance’s global operations outside of China, including TikTok.” according to Reuters.

The popular short video platform went dark for millions of users on Saturday afternoon, after the Supreme Court, citing national security concerns, upheld a bipartisan law signed by President Biden last spring that required the app’s China-based parent company, ByteDance, to sell the platform or face a US ban.

Although it briefly went dark, the app featured a shout-out to Trump, who has previously said he will “probably” give TikTok a 90-day extension from Sunday’s deadline after taking office.

PRIVACY GROUPS, EXPERTS, PARENTS PRAISE SCOTT’S TIKTOK BAN WHILE OTHERS CALL DECISION ‘UNDEMOCRATIC’

TikTok informed users on Saturday that it is no longer available due to the ban enacted in the US, while claiming that President-elect Trump was working on a solution. (TikTok / Fox News)

The app returned hours later, but its future remains in limbo.

Minutes after the Supreme Court ruling, O’Leary tabled a $20 billion cash offer for the app, arguing that selling to an American syndicate is the “obvious solution.”

He told Casone that he has not had any negotiations with ByteDance thanks to the “golden share”.

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Alexandra Koch, Bradford Betz and Landon Mion of Reuters and FOX Business contributed to this report.