03.04.2013 Views

going private transactions in going private transactions in france

going private transactions in going private transactions in france

going private transactions in going private transactions in france

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

2) A prior buyout offer?<br />

Pr<strong>in</strong>ciple: the merger can be carried out autonomously,<br />

without requir<strong>in</strong>g a prior buyout offer.<br />

EException: i the h requirement i of f a prior i bbuyout offer: ff<br />

Orig<strong>in</strong>ally, under limited conditions:<br />

1) merger of the issuer <strong>in</strong>to its controll<strong>in</strong>g company;<br />

and 2) such acquisition is likely to affect the rights and <strong>in</strong>terests of<br />

m<strong>in</strong>ority i it shareholders.<br />

h h ld<br />

Extension of scope to all sorts of mergers by the Law of August 4,<br />

2008 2008.<br />

Interpretation: legislative mismatch? or foreseeable rectification?<br />

27

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!