Commission for Securities warns public companies to respect shareholders' rights

Source: eKapija Saturday, 09.06.2012. 22:13
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Due to the frequent disregard of the law in organizing the general shareholders meeting and making decisions that affect the rights of shareholders in disagreement, the Commission for Securities (HOV) warned today the public companies to respect the legal rights of those shareholders.
Specifically, if a shareholder wishes to vote against or abstain from voting in decisions concerning the company's status changes, changes in its property, market exit, etc.,it is entitled to sell its shares to the company, as it is stated in the announcement of the Commission for Securities, which was sent to public companies.
Securities Commission has warned the public companies of the obligation to lawfully inform shareholders of their rights when convening the general meeting.

Integral part of the material for the Assembly session, where a decision is made ​​regarding the rights of dissenting shareholders, must be: notice of their right to sell their shares and the application form for exercising that right, as well as information about the registered, estimated and market value of shares.
Commission indicates that the Capital Market Law provides that a public company, the issuer of equity securities traded on a regulated market or multilateral trading platform (MTP), has an obligation to provide information needed to shareholders to exercise their rights.
A public company is obliged to provide information about the place, time and agenda of the assembly of shareholders, the total number of shares and voting shares and the rights of shareholders to participate in the Assembly in accordance with the law governing companies.
Commission shall, upon finding of contempt of the above legal provisions, use all the supervisory powers over such public companies and impose appropriate control measures and sanctions, it was said in the statement.
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