Unit:
Κατεύθυνση Εμπορικό ΔίκαιοLibrary of the School of Law
Supervisors info:
Γεώργιος Σωτηρόπουλος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Δημήτριος Χριστοδούλου, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Νικόλαος Βερβεσός, Λέκτορας, Νομική Σχολή, ΕΚΠΑ
Original Title:
Το ενέχυρο επί μετοχών Ανώνυμης Εταιρείας
Translated title:
Pledge of shares of SA Comrany
Summary:
Pledging of shares of a limited liability company constitutes a rather usual form of collateral security. The scope of its study requires a global approach as it covers the SA law, it is governed both by civil and civil procedure laws but also by specific legislation while knowledge of capital market law and private international law rules is a prerequisite in order to fully understand the function and implementation of a pledge of shares. Moreover, dematerialised shares are subject to specific legislation.
Unlike classic pledge of moveable property, pledging of shares aims at the value of the legal relationship incorporated in the shares. This legal relationship is dynamic and includes many rights, the exercising of which defines the value of the shares.
Despite the plethora of legislation, it only provides for the creation and enforcement of the pledge leaving aside any regulation on the relationship between the shareholder and the lender, especially when it comes to exercising the rights stemming from the shares. This lack of regulation often results in legal uncertainty.
This study seeks to present the current legislation and to highlight crucial matters concerning pledging of shares with references to the relevant case law. It covers the creation of the pledge of shares, the relationship between the parties in general and in respect of corporate law as well as the expiration of the pledge, emphasis added on the realisation of the security for the satisfaction of the credit. Finally, matters of dissolution or other structural changes of the company, insolvency of the parties and capital market law and private international law are analysed.
Main subject category:
Law and Legislation
Other subject categories:
Commercial Law
Keywords:
pledge of SA shares, pledge of shares, pledge of shares limited company
File:
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ΕΝΕΧΥΡΟ ΤΕΛΙΚΟ.pdf
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File access is restricted only to the intranet of UoA.