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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Shareholders' Rights and Obligations: A Global Guide

Edited by: Marcel Willems

ISBN13: 9781911078227
Published: December 2017
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £275.00

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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.

Company Law
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
Hungary - Sandor Nemeth Adrienn Tar Szecskay Attorneys at Law
Ireland - Daragh Bohan Frank Flanagan Mason Hayes & Curran
Italy - Flavio Acerbi Silvio Cavallo Domenico Gioia Paolo Manganelli Cosimo Pennetta RCCLex Ltd
Japan - Nayoa Ariyoshi Maya Ito Shinsuke Ushirobira Nishimura & Asahi
Luxembourg - Chan Park Philippe Thiebaud Molitor
Netherlands - Marcel Willems Kennedy Van der Laan
Norway - Thomas Fjell Jacob Sverdrup Bjønness-Jacobsen. Grette
Portgual - Miguel Avillez Pereira Susana Morgado Carlos Soares Gomez-Acebo & Pombo
Slovakia - Slavomir C ˇauder Giese & Partner
South Africa - Hans Klopper
Spain - Nuria Clemente Maria Luisa de Alarcon JAUSAS
Sweden - Jesper Grünbaum Johan Strömbäck Setterwalls
Switzerland - Benedict Christ David Jenny Vischer