Prijenos poslovnog udjela – što jest, a što ne bi trebao biti

Abstract

Of all commercial companies in business practice, a vast majority are established as limited liability companies. Shares in such company are often a part of the entity’s assets, and when it comes to economic entities, it often even represents a part of their strategic asset substrate. The paper elaborates on the transfer of shares. Existing legal rules are analysed, and special attention is given to the issue of the form of the transfer agreement and the role that the notary public has in the transfer of shares. The paper also analyses the newly proposed solution relating to the transfer of shares by the Draft proposal of the Act on Amendments to the Companies Act, which was released for public debate on the 20th October 2021. Following such analysis, the paper draws attention to the inconsistencies and shortcomings of the proposed solution, as well as to the negative consequences that it might cause in practice.