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2015, vol. 53, iss. 1-3, pp. 151-163
Administrative dispute in the field of takeover of corporations: Legal regulation in Serbia
Visoka ekonomska škola strukovnih studija, Peć u Leposaviću
Keywords: shares; shareholders; target company; Securities and Exchange Commission; administrative act; finality; administrative dispute
Abstract
Takeover of corporations is a very complex legal issue of specific turnover of negotiable instruments. The legal regulation tends to make balance in those relations, primarily between the major shareholder and the minor shareholders. The regulator of those relations as well as supervision body in Serbian law is Securities and Exchange Commission. Commission applies Law on Companies, Law on Securities Market as well as domestic administrative procedure. Proceeding of regulatory supervision is initiated ex officio by Securities and Exchange Commission, not infrequently in the interest of minor shareholders in order to protect their legal positions. The legal act or the commission of the Commissions can be attacted by legal action in administrative dispute, only in respect of their legality, not in respect of their opportunism (the choice of proposed measures to shareholders, for example). The shareholders are actively letigimized in that dispute. But, Administrative Court can not to provide legal protection in the field of merits of shareholders' relationships: it is the competence of commercial courts.

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article language: Serbian
document type: unclassified
published in SCIndeks: 08/07/2016

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