Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 4, pp. 1439–1455
Language of the paper: Serbian
Original Scientific Article
udk: 347.725:347.72.033
doi: 10.5937/zrpfns52-19023
Author:
Zoran Arsić, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
z.arsic@pf.uns.ac.rs
Abstract:
Capital increase out of company’s net asset was subject to certain controversy. In order to fit this concept under well – known legal principles whole operation was treated as two parts operation. The first of which was distribution of dividend and in the second payment of contribution is made by setting off the dividend. This approach, however, encountered serious objections. Shareholders meeting resolution creates claims enforceable by shareholders and company cannot impose an obligation to all shareholders to participate in capital increase. As a consequence contemporary concept is based on unique character of this operation.
Keywords:
company, capital increase.