THE PRINCIPLE OF THE SHAREHOLDERS EQUALITY

Abstract

The complete law regulation of the shareholder minority protection is to be not only in order to realise the shares rights (management rights, dividend rights and liquid assets rights), but in order to realise the rights of shares sale of the shareholders minority on the organised financial market at every moment.

The Law of Business Societies has proclaimed many new solutions and the rights protection of the shareholder minority as well.

The comparative law survey shows us that law regulations of commercial societies in all developed countries and countries in transition pay the special attention to the shareholder minority protection as well. Many documents brought at EU and OECD levels and companies´ directives have been devoted to this problem. In respect to the shareholder minority protection our Law accepts legal EU standards and keeps pace with contemporary trends.

In the privatisation process in Serbia there is a wish that, by seeking for the strategic partners, provide the capital inflow into the domestic enterprises that are the subject of the privatisation. The main condition that strategic partners often point out is to own the vast majority as the expression of the capital enlargement in the transition process. On the other side, in such a process there are many small shareholders with their own legal rights and demands.

The shareholder minority rights protection is the relevant segment of the Law of the Business Societies and at the same time one of the Law principle, so that is could be said that the question is the special institute.