On the rights in rem, obligations and corporate rights to an unallocated share in a limited liability company - generally and specifically on the pre-emption right

Abstract

The paper deals with the share in a limited liability company as an object of disposition. It specifically focuses on the pre-emptive right to a share that is not embodied in the share certificate.

It examines the nature, prerequisites for the creation and legal consequences of the breach of the pre-emptive right based on bond, substantive and corporate law.

Keywords

• Limited liability company
• disembodied share
• pre-emptive right to share
• contractual pre-emptive right
• pre-emptive right in rem
• "corporate" pre-emptive right