Original scientific paper
https://doi.org/10.30925/zpfsr.39.4.4
PERMISSIBILITY OF FINANCIAL ASSISTANCE OF SUBSIDIARY FOR OBLIGATIONS OF PARENT COMPANY
Saša Prelič
; Law Faculty, University of Maribor, Maribor, Slovenia
Marijan Kocbek
; Law Faculty, University of Maribor, Maribor, Slovenia
Abstract
This paper deals with the financial assistance between a company and its shareholders. In particular, it sheds light on the current regulations in Slovenian company law, while analysing the relevant Slovenian and German jurisprudence. The authors emphasize that upstream loans and upstream insurances for loans given by third party (e.g. banks), have to be monitored by virtue of strict capital maintenance rules. Financial assistance is allowed if not in contradiction with capital preservation. The authors also underline the regulation pertaining to groups of companies.
Keywords
public limited company; private limited company; loan; insurance; prohibited financial assistance
Hrčak ID:
218308
URI
Publication date:
28.2.2019.
croatian german italian slovenian
Visits: 3.560 *