О ПОТРЕБИ ЗА СПЕЦИФИЧНИМ ПРАВНИМ УРЕЂЕЊЕМ КОРПОРАТИВНИХ ЗАЈМОВА
EXECUTIVE LOANS – NECESSITY FOR SPECIFIC LEGAL REGULATION

Summary/Abstract: Loans to executives bring up the question of personal interest of the executives, which may be non-convergent with the interests of corporation. Comparative corporate practice has shown tendency of abusing these loans, which has had multiple negative consequences on corporations and their shareholders. Therefore, discussions on the improvement of regulation of executive loans has been recently intensified. This article deals with the notion and basic characteristics of executive loans. The author compares executive loan to the ordinary loan agreement, explicates the three legal approaches towards regulating executive loans (traditional, conservative and modern), and weighs in the arguments in favor and against the executive loans. Finally, he points out the need for special regulation of executive loans in Serbia, and proposes the ways in which they should be regulated.

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