Acta Iuris Stetinensis (Jan 2017)

Konsekwencje naruszenia umownego prawa pierwszeństwa nabycia udziałów i akcji

  • Wojciech Gonet

DOI
https://doi.org/10.18276/ais.2017.19-01
Journal volume & issue
Vol. 19

Abstract

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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.

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