Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/8.1:8.1 Introduction

Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/8.1

8.1 Introduction

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

The central question addressed in this study is:

In what circumstances and under what conditions should a minority shareholder of a Dutch private limited company have an exit right?

In order to answer this question, four types of exit rights have been reviewed:

(a)

winding-up remedies;

(b)

oppression remedies;

(c)

appraisal rights; and

(d)

exit rights at will.

Subsequently, I investigated the European rules that are relevant to the distint types of exit rights (Chapter 2). Afterward, I studied in-depth the exit rights that are available in English and German law (Chapters 3 en 4). This guided me in the process of assessing the statutory exit rights of minority shareholders in a Dutch BV and making a number of recommendations. Chapters 5, 6 and 7, which deal with Dutch exit rights, form the core of this study. Chapter 5 also describes how the inquiry proceedings can be used in order to realize an exit.

The central question of this study can be divided into two subsidiary questions. The first question which will be addressed in these concluding observations is the question as to under what circumstances a minority shareholder in a Dutch BV must have a statutory exit right. Subsequently, I will answer the question regarding what conditions must apply to these statutory exit rights.

Deze functie is alleen te gebruiken als je bent ingelogd.