La utilización de instrumentos financieros derivados en las tomas de control de empresas
- Sebastián Quetglas, Rafael (dir.)
- Jordano Luna, Martín (coord.)
Publisher: Madrid: Wolters Kluwer, 2016
ISBN: 9788490205273
Year of publication: 2016
Pages: 625-652
Type: Book chapter
Abstract
Financial derivatives are extremely versatile instruments, which may grant the possibility to exercise voting rights, and thus controlling a commercial company, without having the ownership of the share capital, at least when such voting rights are exercised. This possibility has raised some concerns, some of them already considered long time ago, such as the severability of the voting right and its possible separate transfer, but others of more recent perception, as it is the case of the empty voting. These questions are examined, as well as the legislative solutions passed to avoid the prejudices that a deviation in the use of these instruments may originate.