Minority shareholder protection in group of companies and its effect on the economic growth : the case of Slovenia
Varstvo manjšinskih delničarjev v koncernu ter učinek na gospodarsko rast : primer Slovenije

english

2014

volume 6, issue 2

Univerza v Mariboru, Pravna fakulteta
(Obvezni izvod spletne publikacije)

Building on some of the key findings of the so-called law matters theory and its criticism, and taking into account that the economic growth of the Slovenian economy is weak, this paper emphasizes the importance of the minority shareholder protection for the economic growth. Since a group of companies has become the prevailing form of large enterprises, the focus of the paper is on the outside minority shareholder protection. Although groups of companies are a well-known and established topic in several law sectors at the national and the EU level (competition law, tax law, labour law etc.), they are only seldom the subject of the national or EU company law. However, Slovenia is one of only a few member states that have codified company law relating to group of companies. This paper finds that Slovenian normative framework provides a comprehensive protection for outside minority shareholder. As it is especially the enforcement matters that are relevant, not only the codified law (in books), further research on the Slovenian company law relating to group of companies is legitimate and necessary, and should revolve around the question of whether the regulation has achieved the desired objectives in the practice.

30.08.2018