LEVERAGED BUYOUT TRANSACTIONS

LBOs

Authors

  • Saša Prelič Law Faculty University of Maribor, Maribor, Slovenia
  • Antonija Zubović University of Rijeka, Faculty of Law, Rijeka, Croatia

DOI:

https://doi.org/10.30925/zpfsr.39.1.10

Keywords:

leveraged buyout (LBO); management buyout (MBO); takeover; target company; financial assistance; group of companies; mergers and acquisitons

Abstract

The article analyzes leveraged buyout transactions, pointing out to the open issues in their application. Authors highlight the application of provisions concerning group of companies as well as mergers and acquisitions in LBO transactions. Furthermore, since business practice has shown that LBOs are often used in takeovers, authors analyze the application of LBOs in takeover procedures. In addition, the article
analyzes the European regulatory framework for the regulation of LBOs and compares the adopted solutions in Croatian, Slovenian and Italian law. Comparing the solutions of these three legislations, authors conclude that there are significant differences between them. While Croatia and Italy adopted the provisions of Second Company Law Directive, Slovenian legislator significantly tightened the conditions for using LBOs and de facto precluded their application. In conclusion, authors evaluate the consequences of the adopted provisions and looks for appropriate solutions de lege ferenda.

Additional Files

Published

2020-11-05

How to Cite

Prelič, S., & Zubović, A. (2020). LEVERAGED BUYOUT TRANSACTIONS: LBOs. Collected Papers of the Law Faculty of the University of Rijeka, 39(1), 301–331. https://doi.org/10.30925/zpfsr.39.1.10

Issue

Vol. 39 No. 1 (2018): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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