Notification of the acquisition or disposal of major shareholdings Cover Image

Obaveštenje o sticanju i raspolaganju značajnim učešćem
Notification of the acquisition or disposal of major shareholdings

Author(s): Milena Mitrović
Subject(s): Civil Law, EU-Legislation, Commercial Law
Published by: Институт за међународну политику и привреду
Keywords: major shareholding; financial instruments; acquisition or disposal of amajor shareholding; disclosure of information; empty voting; hidden ownership

Summary/Abstract: The author deals with the notification of the acquisition or disposal of major shareholdings. The provisions of the Transparency Directives and the current course of harmonization in this area have been analysed. In particular, the issues of the occurrence of reporting and the need to take into account various financial instruments and transactions that can have an impact on the management of the companywithout directly acquiring the right to vote are taken into account when regulating the occurrence of notification of reaching, crossing or falling below the relevant participation threshold. The existing concerns and problems that arise in connection with the existing solutions are pointed out. It was pointed out that there is a need for regulators to constantly keep in mind the innovation in the financial market in order to adequately respond to the need to identify those individuals who can really influence the decision-making of a company. However, getting the right amount of information is crucial, as otherwise market participants will be “overloaded” with information. Furthermore, there is room for improvement in terms of sanctioning failure to notify the acquisition or disposal of major shareholdings.

  • Issue Year: 2021
  • Issue No: 76/21
  • Page Range: 99-117
  • Page Count: 19
  • Language: Serbian