Harmonising Shareholder Protection Laws for Related Party Transactions : – Art. 9 c of the Shareholder Rights Directive as the Nucleus of European Group Law –
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Media type:
E-Article
Title:
Harmonising Shareholder Protection Laws for Related Party Transactions : – Art. 9 c of the Shareholder Rights Directive as the Nucleus of European Group Law –
:
– Art. 9 c of the Shareholder Rights Directive as the Nucleus of European Group Law –
Contributor:
Florstedt, Tim
Published:
Walter de Gruyter GmbH, 2023
Published in:
European Company and Financial Law Review, 19 (2023) 5, Seite 701-748
Description:
Abstract 701 Related party transactions have gained significant importance in Europe as a result of the reformed Shareholders’ Rights Directive (SRD). Previously, only a few Member States had created regulatory regimes governing such transactions, yet as of the reform of 2019, detailed procedural and disclosure requirements are compulsory in the European Union today. The Directive’s specifications in Article 9 c grant national legislators substantial discretion to implement new safeguards into national law. This article compares the implementations chosen by Member States and assesses the degree of harmonisation that countries have achieved. It advocates for a more balanced approach and increased coordination with accounting laws. Furthermore, it argues that the new legal regime should be regarded as a significant part of European Corporate Group Law. 702