AQUIRING OF A COMPANY’S OWN EQUITY INTEREST THROUGH REDEMPTION OF A COMPANY MEMBER
Scindeks Assistant SCIndeks Assistant: Journal Management System
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How to Cite

Marjanski, V. (2015). AQUIRING OF A COMPANY’S OWN EQUITY INTEREST THROUGH REDEMPTION OF A COMPANY MEMBER. Zbornik Radova Pravnog Fakulteta U Novom Sadu, 49(2). https://asistent.ceon.rs/index.php/zrpfns/article/view/9288

Abstract

A company’s own equity interest is an equity interest acquired from one of its members. It possible for a company to acquire a whole or a part of an equity interest of its member. There are different legal situations and modes in which a company can acquire an equity interest from its members. It is possible for a company to acquire an equity interest against the compensation (through redemption of equity interest or part thereof from a company member), in an unencumbered transaction (based on the gift), through compulsory redemption of equity interest of a deceased member (if a company has this right under its instrument of incorporation), upon exit of a company member, upon exclusion of a company member and following a status change.

The paper concentrates on acquisition of an equity interest against a compensation paid to a company member and through the compulsory redemption of equity from the heirs of a deceased member. Acquisition of an equity interest against the payment of a compensation exists in a case of an exit of a company member based on justifiable reasons. However, the acquisition in that case is a consequence of an exit of a member and not of the company’s intent.