PERMISSIBILITY OF FINANCIAL ASSISTANCE OF SUBSIDIARY FOR OBLIGATIONS OF PARENT COMPANY

Authors

  • Saša Prelič Law Faculty, University of Maribor, Maribor, Slovenia
  • Marijan Kocbek Faculty of Law University of Maribor, Slovenia

DOI:

https://doi.org/10.30925/zpfsr.39.4.4

Keywords:

public limited company; private limited company; loan; insurance; prohibited financial assistance

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.

Additional Files

Published

2020-10-16

How to Cite

Prelič, S., & Kocbek, M. (2020). PERMISSIBILITY OF FINANCIAL ASSISTANCE OF SUBSIDIARY FOR OBLIGATIONS OF PARENT COMPANY. Collected Papers of the Law Faculty of the University of Rijeka, 39(4), 1533–1557. https://doi.org/10.30925/zpfsr.39.4.4

Issue

Vol. 39 No. 4 (2018): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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