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Some aspects of mandatory tender offer in the Act on Business Corporations

Publication at Faculty of Law |
2019

Abstract

This article focuses on some selected aspects of a regulation on a mandatory tender offer for participating securities in the Act No. 90/2012 Coll., on Business Corporations. The concept of mandatory tender offer is briefly described in the first part of the article.

Subsequently, de lege ferenda recommendations are analysed related to three important aspects of a mandatory tender offer: 1) conditions when the obligation to conduct a mandatory tender offer arise, 2) methods for determination of a counter-value for participating securities, 3) procedures of acceptance of a mandatory tender offer and subsequent transfer of repurchased participating securities.