Consequences of Breach of Contractual Priority Right of Acquisition of Shares Cover Image

Konsekwencje naruszenia umownego prawa pierwszeństwa nabycia udziałów i akcji
Consequences of Breach of Contractual Priority Right of Acquisition of Shares

Author(s): Wojciech Gonet
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: share; capital company; priority right

Summary/Abstract: This article deals with the effects of breach of the contractual priority right of shares. By establishing a contractual priority shareholding, partners want to influence the shareholders’ personal changes through the possibility of acquiring divested shares from entities that no longer want to be partners. As a result of the analysis, it was stated that the sale of shares in violation of the pre-emption right is affected by the penalty of ineffective suspension with respect to the shareholders who are entitled to the right of priority to purchase shares in a capital company. The purchaser of shares in violation of the pre-emption right may exercise voting rights, eg voting at shareholder meetings/ general meetings of shareholders.

  • Issue Year: 2017
  • Issue No: 19 (3)
  • Page Range: 5-14
  • Page Count: 10
  • Language: Polish