Protection Of Minority Shareholders In Bosnia-Herzegovina, Croatia, Macedonia, Montenegro And Serbia
AbstractEarlier studies indicate that Bosnia and Herzegovina, Croatia, Macedonia, Montenegro and Serbia, as well as other countries in transition, are characterized by a relatively high ownership concentration, which points to the presence of conflict of interest between majority and minority shareholders and possibility of abuse of minorities' rights. Accordingly, the paper aims to analyze and compare the legal measures of protection of minority shareholders in these countries, which will allow making conclusions on the current level of legal protection of minority shareholders and determining the necessary courses of action for its improvement. It has been widely accepted that company law and regulation of capital markets play a significant role in the development of financial markets, corporate governance and corporate finance and that by means of improving the legal environment it is possible to restrict the possibilities for expropriation of minority shareholders. In the paper we analyze and compare the relevant provisions of company laws in the observed countries. Unlike previous research on the quality of corporate governance in these countries that focused mainly on implementation of the OECD Principles, we focus on the pre-defined key mechanisms to protect minority shareholders with no aspirations to cover all aspects of the protection and seek to identify weaknesses in legislation. The results point to a relatively high level of protection of minority shareholders "on paper" in the analysed countries, but also to some weaknesses which vary from country to country.
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Bibliographic InfoArticle provided by Economic Laboratory for Transition Research (ELIT) in its journal Montenegrin Journal of Economics.
Volume (Year): 9 (2013)
Issue (Month): 2 ()
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Web page: http://www.mnje.com
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 1998.
"Corporate Ownership Around the World,"
Harvard Institute of Economic Research Working Papers
1840, Harvard - Institute of Economic Research.
- Simeon Djankov & Rafael LaPorta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2005.
"The Law and Economics of Self-Dealing,"
NBER Working Papers
11883, National Bureau of Economic Research, Inc.
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