This paper deals with the problem of permissibility of public companies’ going-private transactions in Serbia. The Securities Commission of Serbia caused that problem by an odd interpretation of the current Serbian securities law. It is of the opinion that going-private of public companies in Serbia is prohibited due to a loophole in the Securities Market Act concerning the procedure for the process. That was the ground for the Companies Register to start the practice of denying the registration of conversion of public companies into private ones. Тhe courts confirmed that practice as the legal one in judicial review procedures, which stopped going private process in Serbia for a longer time in spite of the explicit statutory permission. The paper points out that such a practice is illegal, because it is not grounded on the law, but on the decision-makers’ arbitrariness.
Ključne reči:
securities / going private / company
Izvor:
Anali Pravnog fakulteta u Beogradu, 2012, 60, 3, 113-135
TY - JOUR
AU - Jovanović, Nebojša
PY - 2012
UR - https://ralf.ius.bg.ac.rs/handle/123456789/629
AB - This paper deals with the problem of permissibility of public companies’ going-private transactions in Serbia. The Securities Commission of Serbia caused that problem by an odd interpretation of the current Serbian securities law. It is of the opinion that going-private of public companies in Serbia is prohibited due to a loophole in the Securities Market Act concerning the procedure for the process. That was the ground for the Companies Register to start the practice of denying the registration of conversion of public companies into private ones. Тhe courts confirmed that practice as the legal one in judicial review procedures, which stopped going private process in Serbia for a longer time in spite of the explicit statutory permission. The paper points out that such a practice is illegal, because it is not grounded on the law, but on the decision-makers’ arbitrariness.
PB - Univerzitet u Beogradu - Pravni fakultet, Beograd
T2 - Anali Pravnog fakulteta u Beogradu
T1 - Why going private is (was) prohibited in Serbia?
EP - 135
IS - 3
SP - 113
VL - 60
UR - conv_275
ER -
@article{
author = "Jovanović, Nebojša",
year = "2012",
abstract = "This paper deals with the problem of permissibility of public companies’ going-private transactions in Serbia. The Securities Commission of Serbia caused that problem by an odd interpretation of the current Serbian securities law. It is of the opinion that going-private of public companies in Serbia is prohibited due to a loophole in the Securities Market Act concerning the procedure for the process. That was the ground for the Companies Register to start the practice of denying the registration of conversion of public companies into private ones. Тhe courts confirmed that practice as the legal one in judicial review procedures, which stopped going private process in Serbia for a longer time in spite of the explicit statutory permission. The paper points out that such a practice is illegal, because it is not grounded on the law, but on the decision-makers’ arbitrariness.",
publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Why going private is (was) prohibited in Serbia?",
pages = "135-113",
number = "3",
volume = "60",
url = "conv_275"
}
Jovanović, N.. (2012). Why going private is (was) prohibited in Serbia?. in Anali Pravnog fakulteta u Beogradu
Univerzitet u Beogradu - Pravni fakultet, Beograd., 60(3), 113-135.
conv_275
Jovanović N. Why going private is (was) prohibited in Serbia?. in Anali Pravnog fakulteta u Beogradu. 2012;60(3):113-135.
conv_275 .
Jovanović, Nebojša, "Why going private is (was) prohibited in Serbia?" in Anali Pravnog fakulteta u Beogradu, 60, no. 3 (2012):113-135,
conv_275 .
