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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Format: | Article |
Language: | English |
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University of Bologna
2022-07-01
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Series: | University of Bologna Law Review |
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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. |
first_indexed | 2024-12-12T00:30:57Z |
format | Article |
id | doaj.art-fbfca82dff1549bda75a95b559dfb294 |
institution | Directory Open Access Journal |
issn | 2531-6133 |
language | English |
last_indexed | 2024-12-12T00:30:57Z |
publishDate | 2022-07-01 |
publisher | University of Bologna |
record_format | Article |
series | University of Bologna Law Review |
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 |