engleski

Directive 2006/68/EC Amending the Second Company Law Directive EU as Regards the Maintenance of Public Limited Liability Companies' Capital and the Acquisition of Own Shares

The new Directive 2006/68/EC amending the Second Directive will improve business efficiency without diminishing the protection of shareholders and creditors.The puropose of this new directive is the simplification of some rules on capital maintenance as well as to facilitate and speed up the change of the structure of joint stock companies capital.In this paper the autor is going to analyze the aim of the change of the regulations in force.These amendements in respect to the conditions of evaluation of the contribution to acquire the shares, then the acquisition of one's own shares in the company, the ban of financial aid, pre-emption right and the protection of creditors in case of depreciation of capital.The author is going to analyze and comment with particular regard, the acquisition of one's own shares by the company.The rules of the limitation of acquisition of own shares from the company to 10% of capital and 18 months of the validity of the permit of the general assembly of shareholders have been established as being unnecessarily restrictive and the new directive has changed it.

Second Directive of the EU; minimum capital; capital maintenance; Directive 2006/68/EC; acquisition of one's own shares; creditor protection.

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