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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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This article has the objective of researching into new legislative suggestion by analyzing the French Regime of Warrant which has made progress under the influence df the US relevant laws. In Korea, various legal systems about US and Japanese warrant have been deeply studied. Recently Korean legal scholars have continued their study so as to introduce so-called poison pill regime to protect from hostile M&A. As a result of this, a draft of commercial law of 2010 on Korean warrant comes into being. This draft of commercial law, which remains to be seen, includes some mistakes that should be taken into consideration.
According to the French Commercial Code, the issue of warrant must be approved by an extraordinary meeting of shareholders who must waive any preferential subscription rights. In this regard, it is necessary to introduce French legal system adapting itself to new legal surroundings into Korean Commercial Law. In France, independent warrants(bons autonomes), which were created in 1985, plays an important role in raising capital without incurring immediate indebtedness. The holders of the warrants can be protected from the actions of the issuer such as a reduction of capital or a change in profit distribution.
In 2006, French legislator adopted poison pill regime which constitute a deterrent to a potential raider who knows that his shareholding stake will be diluted. This regime, which is considered to be an excellent law, is transferred into French Commercial Code. Under these circumstances, we should make every effort to find the suggestive issues of our legislation in French Law.
According to the French Commercial Code, the issue of warrant must be approved by an extraordinary meeting of shareholders who must waive any preferential subscription rights. In this regard, it is necessary to introduce French legal system adapting itself to new legal surroundings into Korean Commercial Law. In France, independent warrants(bons autonomes), which were created in 1985, plays an important role in raising capital without incurring immediate indebtedness. The holders of the warrants can be protected from the actions of the issuer such as a reduction of capital or a change in profit distribution.
In 2006, French legislator adopted poison pill regime which constitute a deterrent to a potential raider who knows that his shareholding stake will be diluted. This regime, which is considered to be an excellent law, is transferred into French Commercial Code. Under these circumstances, we should make every effort to find the suggestive issues of our legislation in French Law.
목차
Ⅰ. 서언
Ⅱ. 프랑스의 워런트 제도
Ⅲ. 결어
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〈Abstract〉
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UCI(KEPA) : I410-ECN-0101-2013-366-000469043