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| Tekijä: | Kocbek, M. |
| Otsikko: | The possibilities and prohibitions of acquiring proper shares by joint-stock companies |
| Lehti: | Podjetje in delo
1995 : VOL. 21:8, p. 1055-1069 |
| Asiasana: | |
| Vapaa asiasana: | Slovenia, joint stock company, shareholding, shares, legislation |
| Kieli: | slv |
| Tiivistelmä: | In the article the author presents the regulation of proper shares under the law on companies.He states that Slovenian law has mainly followed German regulation which makes acquiring proper shares in the framework of the so called primary market impossible, and is just as restrictive with the possibilities of derivative acquiring proper shares in the secondary market.The authors precisely analyses individual exceptions where acquiring proper shares is admissible and analyses capital and other conditions connected with this.He also analyses transactions which could prevent the possibility of acquiring proper shares and, in particular, the possibility of acquiring proper shares with the purpose of their withdrawal in lowering basic stock of a joint stock company.The latter is legally admissible , yet the principle of creditors' protection must be strictly observed.Creditors must be paid out of company's assets before the shareholders and also before those, who have sold their shares to the company.In the end the author defines, in spite of the somewhat unclear legal definition, the nullity sanction for the cases of breach of legal prohibition of acquiring proper shares. |
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