Controlling Shareholders and Intra‐Group Transactions: A Special Framework

Controlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship...

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Main Author: Alperen Afșin Gözlügöl
Format: Article
Language:English
Published: University of Bologna 2022-07-01
Series:University of Bologna Law Review
Subjects:
Online Access:https://bolognalawreview.unibo.it/article/view/15236
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author Alperen Afșin Gözlügöl
author_facet Alperen Afșin Gözlügöl
author_sort Alperen Afșin Gözlügöl
collection DOAJ
description Controlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship. Drawing on the theories on corporate control, this article contributes to accomplishing the law’s goal of promoting the entrepreneurial role of controlling shareholders, yet keeping P.B.C. extraction under restraint at the same time in the specific context of intra-group transactions – a breeding ground for both P.B.C. extraction and the implementation of an entrepreneurial idea by corporate controllers. The article submits nuanced and different means of overseeing intra-group transactions in a way that would optimally allow the implementation of a business plan by a controlling shareholder in a corporate group and protect minority shareholders, along with the examination of other issues that are relevant to the oversight of intra-group transactions.
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spelling doaj.art-fbfca82dff1549bda75a95b559dfb2942022-12-22T00:44:29ZengUniversity of BolognaUniversity of Bologna Law Review2531-61332022-07-0171679210.6092/issn.2531-6133/1523613569Controlling Shareholders and Intra‐Group Transactions: A Special FrameworkAlperen Afșin Gözlügöl0https://orcid.org/0000-0001-7104-7197Leibniz Institute for Financial Research SAFEControlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship. Drawing on the theories on corporate control, this article contributes to accomplishing the law’s goal of promoting the entrepreneurial role of controlling shareholders, yet keeping P.B.C. extraction under restraint at the same time in the specific context of intra-group transactions – a breeding ground for both P.B.C. extraction and the implementation of an entrepreneurial idea by corporate controllers. The article submits nuanced and different means of overseeing intra-group transactions in a way that would optimally allow the implementation of a business plan by a controlling shareholder in a corporate group and protect minority shareholders, along with the examination of other issues that are relevant to the oversight of intra-group transactions.https://bolognalawreview.unibo.it/article/view/15236controlling shareholdersrelated-party transactionsintra-group transactionscorporate groupsminority shareholder protection
spellingShingle Alperen Afșin Gözlügöl
Controlling Shareholders and Intra‐Group Transactions: A Special Framework
University of Bologna Law Review
controlling shareholders
related-party transactions
intra-group transactions
corporate groups
minority shareholder protection
title Controlling Shareholders and Intra‐Group Transactions: A Special Framework
title_full Controlling Shareholders and Intra‐Group Transactions: A Special Framework
title_fullStr Controlling Shareholders and Intra‐Group Transactions: A Special Framework
title_full_unstemmed Controlling Shareholders and Intra‐Group Transactions: A Special Framework
title_short Controlling Shareholders and Intra‐Group Transactions: A Special Framework
title_sort controlling shareholders and intra group transactions a special framework
topic controlling shareholders
related-party transactions
intra-group transactions
corporate groups
minority shareholder protection
url https://bolognalawreview.unibo.it/article/view/15236
work_keys_str_mv AT alperenafsingozlugol controllingshareholdersandintragrouptransactionsaspecialframework