Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders
Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders

Author(s): Mihaela-Naziana Bucă (Gîdei)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Law on Economics, Ethnic Minorities Studies, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: minority protection; autonomy rights; participation rights; dividends; the right to vote; the right to information;
Summary/Abstract: This article analyzes the rights of minority shareholders from the perspective of the existence of minority protection. The objectives pursued through this article can be summed up in the idea of protecting minority shareholders. Being a controversial subject both at the level of doctrine and judicial practice, we will try to find the best solutions and look at the rights of minority shareholders as a weapon that shareholders have at hand in order to effectively protect them. In the realization of this work, we will use various materials, from monographs, theses to solutions given by the courts regarding this issue. We will refer to both Romanian and European legislation. We will try to classify the rights that minority shareholders can have into two more categories by referring to the idea of freedom and protection of minority shareholders. Thus, we will have autonomy rights: the right to dividends, the right to transfer shares, the right to the due share of the liquidation of the company and participation rights: the right to participate in the General Assembly, the right to request the convening of the General Assembly, the right to vote, the right to information.

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