Shareholders' Rights and Obligations: A Global Guide

Author: Marcel Willems
Publisher: Globe Law and Business
ISBN: 9781911078227
Published In: December 2017
Format: Hardback , 779 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Shareholders are important stakeholders of companies. In recent times the position of shareholders has become more and more scrutinized, partly as a result of activist measures they have taken, sometimes resulting in the breaking up of large corporations. At the other hand of the spectrum we see minority shareholders being marginalised and even forced to transfer their shares.

Questions that arise in these and similar situations are, amongst others: how can the management board of the company block what it deems destructive action by shareholders, but also: what can shareholders do in the event that the value of their shares decreases as a result of actions by management or third parties? As a result there are many relationships concerning companies in which shareholders play a role. The role of a shareholder may depend on the type of company, but also on the type of shareholder (activist vs. long term investor), the type of shares, and the articles of incorporation and shareholders agreements.

This practical handbook provides an overview of these and other relevant legal issues concerning shareholders in some 25 of the most important business nations around the globe. It provides guidance to shareholders, directors, supervisory directors, general counsel and their attorneys to promote a better understanding of the rights, but also the obligations, of shareholders. Besides, this guide provides all those concerned with practical information on the relevant dispute resolution systems.

Argentina - Tomas Araya Daniela Bianchi Bomchil

Australia - Ian Walker Minter Ellison

Austria - Arno Brauneis Philipp Gamauf Brauneis Klauser Prändl

Belgium - Peter de Ryck Yves Lenders Lydian

Brazil - Thomas Felsberg Paulo Fernando Campana Filho Maria da Graca Pedretti Marcus Alexandre Mateucci Gomes Fabiano Solano Felsberg Advogados

Canada - Matti Lemmens Borden Ladner Gervais

China - Rogier van Bijnen R&P China Lawyers

Czech Republic - Slavomir C ˇauder Ernst Giese Giese & Partner

Denmark - Carsten Ceutz Bech-Bruun

Finland - Pekka Jaatinen Castren

France - Amelie Dorst Anja Droege BMH Avocats

Germany - Kirsten Schuemann-Kleber GOERG