Η ΘΕΣΗ ΤΟΥ ΕΤΑΙΡΟΥ ΣΤΗΝ ΕΞΥΓΙΑΝΣΗ

Shareholders in restructuring proceedings Georgios Psaroudakis Assist. Professor, Faculty of Law, Aristotle University of Thessaloniki; Attorney-at-Law ISBN 978-960-654-051-6 Abstract: The book examines the way that corporate restructuring affects the legal position of shareholders, on whom corporate measures (typically capital measures) may be imposed, even if the requisite majoriy in the shareholders meeting does not consent. There are two main systems to achieve this result: Either a mandataire ad hoc is appointed by court to vote accordingly in lieu of shareholders (which is the system followed by the Greek Insolvency Code), or shareholders become the most junior group participating at the restructuring alongside creditors. These issues are discussed with an emphasis on the fiduciary duty of shareholders as the conceptual source of such rules, as well as on the recent Restructuring Directive. COPYRIGHT All rights reserved. No part of this publication may be reproduced, stored in a re- trievalsystem,ortransmitted, inany formorbyanymeans,withoutthepriorpermis- sion of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organization. Enquiries concern- ing reproduction which may not be covered by the above should be addressed to NOMIKI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice.The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI, the author and the contributors make no claim as to the comprehen- siveness or accuracy of the information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should there- fore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI, or the author, or the rest of contributors. 23 Mavromichali str. | 106 80 | Athens | Greece T +30 210 3678 800 | F +30 210 3678 819 www.nb.org | info@nb.org © 2020, NOMIKI BIBLIOTHIKI S.A. LawPublishers inEurope