| Tittel: | The protection of minority shareholders in a European company (SE) | | Ansvar: | Gunnar Aardal | | Forfatter: | Aardal, Gunnar  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Tidsskrift for forretningsjus | | Utgitt: | Oslo : Universitetsforlaget, 2002 | | Omfang: | S. 421-436 | | Serie: | Tidsskrift for forretningsjus ; 3/2002 | | Innhold: | A general principle of corporate governance is that the majority of the shareholders holds the decisive power.1 The principle of majority should not be controversial as it represents a flexible and efficient tool of corporate governance. However, the interest of the majority is not always the same as the interest of the company or the other shareholders, e.g. in contractual relationships between the majority and the company on too favourable terms for the majority. Thus, allowing the principle of simple majority to apply fully could be damaging to both the company and the minority shareholders.2 In order to mitigate the risk of exploitation by the majority, its power must be restricted. The «correct» level of protection should be a result of a balancing act to reconcile the need for shareholders having the possibility of protecting their interests in the company on the one hand, and the need for efficient corporate governance on the other. |
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