Developmnet of Share Price in Direct Relation to the Entry ofthe New Investor in ghe Management of Business Corporation
2019
The existing legal framework laid down by Act No. 90/2012 Sb.,
the Companies and Cooperatives Act aka Business Corporations
Act, provides minority shareholders with tools that may be used
to protect their rights and interests; in practice, however,
the use of such tools is insuffi cient. The issue of a
noctractual consensus regarding selling or buying shares in
business corporations is not expressly regulated by the BCA and
is wholly dependent on the terms agreed on by the parties. In
line with the principle of freedom of contracts, the parties
enjoy a considerable amount of discretion as they may agree
about anything that is not contrary to the Act. The lack of
express legal regulations in re share purchases causes
considerable problems in practice. The share purchase price is
dependent not only on demand and supply, but also on the fi
nancial standing of the respective company, including its
internal situation. These aspects may be both positive and
negative for the shareholders as regards their shares and the
share price. In most cases, share purchases are related to an
attempt by the dominant party to take over the business
management of the company (a shareholder company in this
paper). Therefore, this paper tries to assess what impact this
may have on the share price in relation to share purchases by
majority shareholders, including share price fl uctuations and
the impact on the share price of the company.
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