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....

Ausführliche Beschreibung

Gespeichert in:
Bibliographische Detailangaben
Veröffentlicht in:Zbornik radova (Pravni fakultet u Novom Sadu) 2015, Vol.49 (2), p.671-681
1. Verfasser: Marjanski, Vladimir
Format: Artikel
Sprache:eng
Schlagworte:
Online-Zugang:Volltext
Tags: Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
Beschreibung
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.
ISSN:0550-2179
2406-1255
DOI:10.5937/zrpfns49-9288