Правна уредба на свикването на общо събрание по инициатива на миноритартните акционери по чл. 223 от Търговския закон
SHAREHOLDERS' MEETING CONVENTION BY MINORITY SHAREHOLDERS UNDER ART. 223 OF THE COMMERCE ACT

Summary/Abstract: The present article explores in detail art. 223 of the Commerce Act, enabling a shareholders' meeting to be convened under the inquiry of shareholders, holding 5% of the shares in a joint-stock company for a period of more than 3 months. The issues, put under discussion in the article, are studied from three aspects: 1. historical aspect; 2. by comparison of the Bulgarian regulation with foreign regulations — German, Austrian, Russian, of the United States and of Great Britain; 3. searching the balance of minority-majority shareholders' interests. The author puts under critical review the scarce Bulgarian court practice and reaches a conclusion that, by wrongly interpreting art. 223, the courts contribute to the non-usage of this provision. Some proposals de lege ferenda are made.

• Details
• Contents