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Protection of Creditors and Minority Shareholders in Cross-border Transactions

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  • Winner Martin

    (Professor of Business Law, ViennaUniversity of Economics and Business.Austria)

Abstract

The Mobility Package currently under discussion in the Council will constitute a major breakthrough for cross-border transactions if finally adopted. Although its focus is on enabling companies to make use of the freedom of establishment, some of its core rules address the protection of creditors and minority shareholders. Both groups can be adversely affected by being transferred across borders; a coherent, harmonised regulation of both issues is crucial for ensuring a largely frictionless enforcement of the different legal regimes applicable to the company or companies affected by such a cross-border transaction. This article critically analyses the proposed regulation against this background. It takes into account the developments until the end of 2018.

Suggested Citation

  • Winner Martin, 2019. "Protection of Creditors and Minority Shareholders in Cross-border Transactions," European Company and Financial Law Review, De Gruyter, vol. 16(1-2), pages 44-73, April.
    • Handle: RePEc:bpj:eucflr:v:16:y:2019:i:1-2:p:44-73:n:6
    DOI: 10.1515/ecfr-2019-0006
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    Cited by:

    1. Shi Bo & Minheng Xiao, 2022. "Time-Series K-means in Causal Inference and Mechanism Clustering for Financial Data," Papers 2202.03146, arXiv.org, revised Aug 2024.

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