Determining the buyout price in the event of a compulsory repurchase of shares in a public company Cover Image

Ustalenie ceny wykupu w przypadku przymusowego wykupu akcji spółki publicznej
Determining the buyout price in the event of a compulsory repurchase of shares in a public company

Author(s): Marcin Spyra
Subject(s): Constitutional Law, Law on Economics, Commercial Law
Published by: Kancelaria Sejmu
Keywords: Constitutional Tribunal; Constitution; public company; shares; constitutional complaint;

Summary/Abstract: In its position on the contested provision of the Act on the Public Offer and Conditions for Introducing Financial Instruments to Organised Trading, and on Public Companies, the Sejm stated that to the extent that, for the purposes of determining the price of a compulsory repurchase of shares in a public company, the obligation to determine the buyout price at least at the level of the highest value of the shares resulting from the asset valuation methods adopted in the legal order is omitted, it conforms to the provisions of the Constitution. The opinion distinguishes three basic groups of methods for valuing assets: income, cost (asset) and market approaches. In the opinion of the Sejm, the objections raised by the plaintiff to the use of market price criteria are unjustified.

  • Issue Year: 2025
  • Issue No: 85
  • Page Range: 357-405
  • Page Count: 49
  • Language: Polish
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