Protection of Public Interests in Legal Regulation of Exceptions from the Rule About the Obligatory Offer to Acquire Shares of a Public Company

The article is devoted to the protection of public interests in the legal regulation of exceptions to the rule on sending a mandatory offer to purchase securities of public joint-stock companies, stipulated in clause 8 of Article 84.2 of the Law on Joint- Stock Companies. The current legislation is analyzed in comparison with the legal regulation that is planned to be introduced by draft Law No. 519694-8 “On Amendments to the Federal Law “On Joint Stock Companies” Federal Law “On the Securities Market” and the Invalidation of Certain Provisions of legislative Acts of the Russian Federation.” The problems that the legislator ignored during the development of this bill are highlighted. In particular, the absence of the need in legislation for an exception to the rule on a mandatory offer contained in paragraph 11 of paragraph 8 of Article 84.2 of the Law on Joint Stock Companies, on the exemption of a state corporation from a mandatory offer when introducing shares of a public company, is justified.

Authors

Publication Details

Journal
JURIST
Published
2024-09-05
DOI
https://doi.org/10.18572/1812-3929-2024-8-41-45
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of Public Interests in Legal Regulation of Exceptions from the Rule About the Obligatory Offer to Acquire Shares of a Public Company

Tatyana V. Melnikova
JURIST
Corporate Governance and Law
article

Protection of Public Interests in Legal Regulation of Exceptions from the Rule About the Obligatory Offer to Acquire Shares of a Public Company

Tatyana V. Melnikova
article en

Abstract

The article is devoted to the protection of public interests in the legal regulation of exceptions to the rule on sending a mandatory offer to purchase securities of public joint-stock companies, stipulated in clause 8 of Article 84.2 of the Law on Joint- Stock Companies. The current legislation is analyzed in comparison with the legal regulation that is planned to be introduced by draft Law No. 519694-8 “On Amendments to the Federal Law “On Joint Stock Companies” Federal Law “On the Securities Market” and the Invalidation of Certain Provisions of legislative Acts of the Russian Federation.” The problems that the legislator ignored during the development of this bill are highlighted. In particular, the absence of the need in legislation for an exception to the rule on a mandatory offer contained in paragraph 11 of paragraph 8 of Article 84.2 of the Law on Joint Stock Companies, on the exemption of a state corporation from a mandatory offer when introducing shares of a public company, is justified.

JURIST
Openalex Percentile: Top 70%
Corporate Governance and Law
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Protection of Public Interests in Legal Regulation of Exceptions from the Rule About the Obligatory Offer to Acquire Shares of a Public Company — Tatyana V. Melnikova · JURIST (2024) | TGRS Research Map | TGRS