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Les Incidences de la diversification des valeurs mobilières sur le droit de vote dans les sociétés par actions

Abstract : The diversification of transferable securities led to a dissociation of the share's attributes. This dissociation questions some essential principles of the company law, and especially the question of the right to vote. Since the right to vote can be definitely deleted, some questions can be asked: Can he be considered as inherent to the share? Is it a necessary condition for partner's qualification today? What alternatives can be found then? Because it interferes with the major balance between capital and power basing joint-stock companies, it questions the coherence within the company. Speaking about impacts of the diversification of transferable securities on the right to vote drives us to a renewed analysis of the bases of the company. The right to vote is not a condition of the existence of the shareholder but rather a way to defend its pecuniary rights. It is why there are alternatives to the right to vote. Besides, the diversification of transferable securities reveals the ditch growing between the closed companies and the opened companies; the right to vote loses its importance there. The report is an assertion of the specificities existing between these two structures of companies, the relative importance of the right to vote within the opened companies and the difference of the environment in which they evolve. But beyond these mutations, there is a deep coherence. And from this coherence we drew. So, the recognition of a principle of common law for joint-stock companies with a consideration of the specificities by the right of financial markets appears to our minds the most appropriate situation.
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Submitted on : Monday, September 24, 2012 - 1:35:31 PM
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  • HAL Id : tel-00726078, version 1



Assétou Traore. Les Incidences de la diversification des valeurs mobilières sur le droit de vote dans les sociétés par actions. Droit. Université d'Auvergne - Clermont-Ferrand I, 2009. Français. ⟨NNT : 2009CLF10311⟩. ⟨tel-00726078⟩



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