Korporacijskopravne implikacije pri prenosu poslovnega deleža v primerjavi s prenosom poslovnih sredstev

slovenian

2015

volume 41, issue 2

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The author addresses the main legal implications, arising from acquisition of a target company in two ways, either by transfer of a business share (share deal) or by transfer of business assets (assets deal) in a limited liability company. Although the goals of the discussed transfers are comparable, the article presents in detail different corporate implications arising from diverse identities of transferors which in particular reflect affiliation of the company's assets. The choice of the business transaction depends on concrete and actual circumstances, goals, and position of the contracting parties. This finding confirms that the results of the analysis are such with regard to competitive advantages and disadvantages of both transaction types. The article presents a useful theoretical basis for potential buyers in assessing the possibilities of starting a new business or expanding the existing one as well as for owners of the companies in adopting decisions about sales strategies for their companies.

19.01.2017