| Abstract [eng] |
This paper discusses the legal status of minority shareholders in a company and examines the mechanisms for protecting their interests. Shareholders with minority status in a company cannot exercise decisive influence over the company's management, which may affect their interests. The legal status of minority shareholders can create conditions where the company’s governing bodies or controlling shareholders may ignore the interests of minority shareholders. Therefore, the law must establish rights that protect their interests. Although rights protecting their interests are enshrined in the law, in practice, minority shareholders may face challenges in implementing these rights. These practical difficulties directly affect their interest protection. In light of this, the paper proposes the introduction of additional protective measures for minority shareholders in national legislation, such as the right to a minimum dividend for minority shareholders. The same can be said about mechanisms for protecting the interests of minority shareholders whose rights have been violated. Various legal remedies are established in the law to protect minority shareholders’ interests, but in practice, these institutions are not always effective. Minority shareholders may encounter excessive legal requirements that must be met in order to use these remedies. Moreover, the positions formed by court practices also create direct conditions for ignoring minority shareholders. In this context, the paper proposes changes to the national regulatory framework, thereby strengthening the protection of minority shareholders’ interests in companies. |
