Izvorni znanstveni članak
Right to the Dividend as the Shareholder’s Fundamental Property Right
Jakša Barbić
; Hrvatska akademija znanosti i umjetnosti, Zagreb, Hrvatska
Sažetak
The work deals with questions relating to the shareholder's right to the payment of dividends. The shareholder's property rights are discussed, the most important being the right to the dividend as his fundamental property right.
The company's profit from which the dividend can be paid is determined and certain restrictions imposed by regulations are considered. It is stated that the prescribed restrictions are the result of the company's capital maintenance for the purpose of ensuring its financial stability. These restrictions prescribe the legal regime of company reserves and the way profits can be used by determining the order of purpose of its distribution. It is noted that in this respect Croatian law follows the prescribed rules of European law.
The work also discusses the right of persons with power of attorney to the dividends and points out that this right is exercised on the basis of shares and belongs to the share owners. Cases are analyzed in which on the basis of shares dividends belong also to persons who are not the company's shareholders. In this connection, the legal grounds for such cases are considered as well as the effects this has on the company and its shareholders. The work considers the legal provisions of Company Law for establishing the rights to the dividend and distinguishing this right from the claim arising from its title and the possibility to dispose with the share.
Consideration is also given to details relating to the payment of dividends and the restrictions in this matter prescribed by special regulations.
Ključne riječi
dividend; joint stock company profit; share fiduciary; property rights derived from the share; usufructuary; joint stock company reserves; claim for payment of dividends; lien creditor on the basis of a pledged share
Hrčak ID:
100045
URI
Datum izdavanja:
28.12.2012.
Posjeta: 8.583 *