PATRIMONIO EMPRESARIAL Y ORGANIZACIÓN DE LAS PARTICIPACIONES SOCIETARIAS PÚBLICAS: APUNTES PARA UNA POSIBLE EXÉGESIS DEL TÍTULO VII DE LA LEY 33/2003, DEL PATRIMONIO DE LAS ADMINISTRACIONES PÚBLICAS

Authors

  • PABLO OLIVERA MASSÓ

Keywords:

public stock participations, shareholders agreements, first refusal rights, internal transfer of stock participations.

Abstract

This article comments on the new regulation set forth in Law 33/2003, on assets owned by public entities, for the public companies of the central public sector and for the participations in companies by public entities of such central sector. In this not very clear regulation, two types of regul ations may be sorted out. First, the regulations ordering and coordinating the relations between the Administration, public entities and public companies. Second, the regulations applicable to the public sector on relation to procedures to buy, sell or to enter in other kind of contracts related with shares and participations. The article analyses specially the legal problems that arise from internal transfers of shares, shareholders agreements having a public entity as a party and first refusal rights granted on shares owned by public entities.

Published

2008-04-09

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION