Acquiring of a company's own equity interest through redemption of a company member
A company's own equity interest is an equity interest acquired from one of its members. It possible for a company to acquire a whole or a part of an equity interest of its member. There are different legal situations and modes in which a company can acquire an equity interest from its members....
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Veröffentlicht in: | Zbornik radova (Pravni fakultet u Novom Sadu) 2015, Vol.49 (2), p.671-681 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | A company's own equity interest is an equity interest acquired from one of its members. It possible for a company to acquire a whole or a part of an equity interest of its member. There are different legal situations and modes in which a company can acquire an equity interest from its members. It is possible for a company to acquire an equity interest against the compensation (through redemption of equity interest or part thereof from a company member), in an unencumbered transaction (based on the gift), through compulsory redemption of equity interest of a deceased member (if a company has this right under its instrument of incorporation), upon exit of a company member, upon exclusion of a company member and following a status change. The paper concentrates on acquisition of an equity interest against a compensation paid to a company member and through the compulsory redemption of equity from the heirs of a deceased member. Acquisition of an equity interest against the payment of a compensation exists in a case of an exit of a company member based on justifiable reasons. However, the acquisition in that case is a consequence of an exit of a member and not of the company's intent. |
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ISSN: | 0550-2179 2406-1255 |
DOI: | 10.5937/zrpfns49-9288 |