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2018, vol. 56, iss. 1-3, pp. 7-16
Annulment of capital increase resolution
University of Novi Sad, Faculty of Law, Serbia
Annulment of capital increase resolution generates different approaches regarding legal repercussions. One, so called traditional, concept is based on nullity effective ex tunc, nullity of issued shares and application of rules on unjust enrichment regarding contribution. Starting point of second opinion is nullity effective ex nunc and application of rules on nullity of the company. Company Act of 2011 of Republic of Serbia prohibits annulment procedure in respect of capital increase performed by successful public offer. Regulation does not cover other forms of capital increase (conditional increase and capital increase out of retained earnings and reserves).


article language: Serbian
document type: unclassified
published in SCIndeks: 26/07/2018

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