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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 38 No. 1, 2017.

Original scientific paper

https://doi.org/10.30925/zpfsr.38.1.8

PROXY SOLICITATION AS A METHOD OF OBTAINING VOTING CONTROL AT THE GENERAL MEETING – OPEN QUESTIONS

Antonija Zubović orcid id orcid.org/0000-0001-8238-3495 ; Faculty of Law University of Rijeka, Rijeka, Croatia

Full text: croatian pdf 344 Kb

page 243-272

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Abstract

In the article the author analyzes the proxy solicitation as a method for acquiring
voting control in a company pointing out to the open issues in its application. Since
the Shareholders’ Rights Directive does not explicitly regulate the proxy solicitation,
it is left to the discretion of each EU Member State legislator. There are two groups
of Member States in regards to this matter – Member States that do not regulate the
proxy solicitation process and those that have adopted specifi c provisions regulating
proxy solicitation. However, it should be noted that, even within the second group
of Member States, approaches to regulating specifi c issues in the proxy solicitation
adopted by the national legislators vary. Furthermore, Member States without specifi c
provisions are now questioning the actual necessity for their implementation. In the
conclusion, the author proposes solutions to be adopted in Croatian law in this respect.

Keywords

proxy solicitation; proxy contest; proxy voting; Proxy; shareholders’ meeting; voting Rights; Shareholders’ Rights Directive

Hrčak ID:

178138

URI

https://hrcak.srce.hr/178138

Publication date:

10.3.2017.

Article data in other languages: croatian german italian

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