Title: The Legal Mechanisms for Protection of Minority Shareholders in Cross-border Mergers under European Union Law
Abstract: Minority shareholders protection in cross-border mergers is one of the EU's major concerns, which its leaders are trying to solve gradually and in stages. The evolutionary development of the regulation on cross-border merger transactions at the EU level shows that ensuring appropriate protection for minority shareholders laid on Member States’ shoulders at first in 2005, while the EU has already undertaken a commitment to assure adequate and proportionate safeguard of minority shareholders since 2019 and regulates through a directive main specific mechanism for protection of minority shareholders in cross-border mergers directly at the EU level.
The article deals with the legal mechanisms for the protection of minority shareholders in the process of implementing cross-border mergers, which are provided by EU law for the protection of minority shareholders. The article also discusses and analyses the traditional mechanisms for the protection of minority shareholders, along with adequate cash compensation as the principal specific mechanism for the protection of minority shareholders, which the minority shareholders can use to protect their interests in the process of cross-border merger.
To better understand the functioning of legal mechanisms for the protection of minority shareholders, the legal nature of cross-border merger transaction has been observed, which has been determined by examining issues such as the essence of cross-border merger, its parties, methods of merger, and process of making the deal and only then the article discusses the legal mechanisms for the protection of minority shareholders.
Publication Year: 2020
Publication Date: 2020-12-31
Language: en
Type: article
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