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Minority Shareholder Protection. Edition No. 1

VDM Publishing House, Sep 2008, Pages: 64


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In this short study, the author examines three major
company law models in Europe with respect to
minority
shareholder protection. Starting with
a general analysis of companies and the different
groups of interest, the research focuses on
understanding the social and economic reasons behind
minority shareholder protection. Minority
shareholder protection may be provided by general
principles of law, by statutory remedies and
procedural instruments. In this paper, an overview
is given on the key instruments of protection, also
revealing the differences between German, French and
English court practice. Furthermore, author calls
readers' attention to the numerous alternatives,
which are at the hands of minority shareholders to
protect their interests in any case of abuse. At the
same time, minority shareholder protection is not
a ’bad or good’ question: in each phase of policy-
making there are competing values and legislator has
only a narrow pathway to satisfy all legitimate
interests.



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