Publication at Faculty of Law |
2019
Abstract
The article analyses the phenomenon of empty voting, that means the separation of voting right from the (economic) ownership of the share. Empty voting occurs when the voting right is executed by a person that does not carry the economic risk of the decision taken.
Empty voting is being realised by record date capture, when the share is transferred after the record date, or through the lending of shares. Empty voting is being called the new vote buying because the results are quite the same as they are in case of vote buying.
The article further explains the motivation for empty voting and illustrates it on real cases.