CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE

In today’s modern and digital society, electronic means of communication are used in all areas of life, including communication between shareholders of companies. The objective of this article is to determine whether – and if so which – modern-day electronic communication channels could be used by E...

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Main Author: Maris Vutt
Format: Article
Language:English
Published: Mykolas Romeris University 2020-06-01
Series:International Comparative Jurisprudence
Subjects:
Online Access:https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5522
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author Maris Vutt
author_facet Maris Vutt
author_sort Maris Vutt
collection DOAJ
description In today’s modern and digital society, electronic means of communication are used in all areas of life, including communication between shareholders of companies. The objective of this article is to determine whether – and if so which – modern-day electronic communication channels could be used by Estonian private and public limited companies for sending a notice of a general meeting, and also whether Estonian legislation is in accordance with the above-mentioned principles of the EU on this matter. To that end, the article begins with an analysis of the legal nature of a notice on convening a meeting and its communication. The article also analyses the requirements established in the Estonian legislation on convening a general meeting, comparing it with corresponding German and, to a lesser extent, British law. The hypothesis is that the applicable law in Estonia may currently impose unreasonable obstacles to the use of digital and flexible solutions for convening a meeting. Based on the analysis of the article, the main conclusion is that Estonian company law has not exercised all the possibilities for ensuring the use of flexible digital solutions regarding communication between a company and its shareholders, and therefore needs modernisation.
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spelling doaj.art-ae047e166f0042e4b1a3e1439c3909b12022-12-22T01:25:54ZengMykolas Romeris UniversityInternational Comparative Jurisprudence2351-66742351-66742020-06-016110.13165/j.icj.2020.06.008CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVEMaris VuttIn today’s modern and digital society, electronic means of communication are used in all areas of life, including communication between shareholders of companies. The objective of this article is to determine whether – and if so which – modern-day electronic communication channels could be used by Estonian private and public limited companies for sending a notice of a general meeting, and also whether Estonian legislation is in accordance with the above-mentioned principles of the EU on this matter. To that end, the article begins with an analysis of the legal nature of a notice on convening a meeting and its communication. The article also analyses the requirements established in the Estonian legislation on convening a general meeting, comparing it with corresponding German and, to a lesser extent, British law. The hypothesis is that the applicable law in Estonia may currently impose unreasonable obstacles to the use of digital and flexible solutions for convening a meeting. Based on the analysis of the article, the main conclusion is that Estonian company law has not exercised all the possibilities for ensuring the use of flexible digital solutions regarding communication between a company and its shareholders, and therefore needs modernisation.https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5522shareholder rightscompany lawconvening meetingsexercising rights in digital form
spellingShingle Maris Vutt
CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
International Comparative Jurisprudence
shareholder rights
company law
convening meetings
exercising rights in digital form
title CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
title_full CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
title_fullStr CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
title_full_unstemmed CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
title_short CONVENING THE GENERAL MEETING OF SHAREHOLDERS OF A LIMITED COMPANY: ESTONIAN LAW IN A DIGITAL PERSPECTIVE
title_sort convening the general meeting of shareholders of a limited company estonian law in a digital perspective
topic shareholder rights
company law
convening meetings
exercising rights in digital form
url https://www3.mruni.eu/ojs/international-comparative-jurisprudence/article/view/5522
work_keys_str_mv AT marisvutt conveningthegeneralmeetingofshareholdersofalimitedcompanyestonianlawinadigitalperspective