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Anonymity of shareholders and requirements for their identification

Publication

Abstract

The thesis deals with degree of effective anonymity of shareholders in a public limited company and with possible ways of its limiting. It is also concerned with manners of identification of shareholders for purpose of exercise of their shareholder rights, as well as for uncovering shareholder structure of a public limited company is specific cases, provided by law.

The aim of the thesis is to explain and analyze the legislation de lege lata, particularly with regards to recodification of private law and to other upcoming enactments of both private and public law. The topic was chosen by the author also with intent to professionally explain this issue which has not been dealt with comprehensively in academic papers.

The topic has been elaborated particularly by analyzing individual legal concepts relating to anonymity and identification of shareholders; a historical method is used in the introduction dedicated to historical roots of anonymity of shareholders, too. The introduction contains characteristics of public limited company, including definition of shares, and sets the traditional concept of shareholder's anonymity in the historical context.

The main part of the thesis is focused on analysis of individual provisions of the Commercial Code from the perspective of degree of shareholder's anonymity. The general regulation of shares and shareholder's anonymity is also compared to regulation in special acts.

In the last part of the thesis there is comparison of valid and effective legislation in terms of anonymity and identification of shareholders with legislation included in valid, but not yet effective re-codified legislation and in other enactments that are being adopted. Finally, the author seeks to offer possible solutions for identification of a shareholder by virtue of public interest with simultaneous retaining shareholder's anonymity de lege ferenda.