Capital increases and issuing of new shares are usually considered as a "good" actions. Because they are presumed to positively contribute to the corporate interest, their potential harmful consequences for minority shareholders should be disregarded, unless exceptional circumstances testify that an "evil" intention of those who approved the transaction. But do goals justify means? And how could the corporate interest to collect money from the market require that the price of the new stock be set below the market value of the stock?
Spolidoro, M. S., Aumento di capitale e abuso di potere, <<GIURISPRUDENZA ITALIANA>>, 2022; 2022 (8-9): 1897-1903 [https://hdl.handle.net/10807/258800]
Aumento di capitale e abuso di potere
Spolidoro, Marco Saverio
2022
Abstract
Capital increases and issuing of new shares are usually considered as a "good" actions. Because they are presumed to positively contribute to the corporate interest, their potential harmful consequences for minority shareholders should be disregarded, unless exceptional circumstances testify that an "evil" intention of those who approved the transaction. But do goals justify means? And how could the corporate interest to collect money from the market require that the price of the new stock be set below the market value of the stock?I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.