Overview of Slovenian Legal Regulation for Possible Transformation of Public Institutions into Commercial Companies

In the present article, the author defines and analyses the legal framework of the transformation of public institutions into commercial companies with an emphasis on the procedures for transforming public institutions into limited liability companies (ltd.). The author first presents the Slovenian legal framework and the new legislation on public-private partnerships (PPP), which was adopted last year. In the second part of the article, the author analyses the new rules, which primarily refer to public companies. These rules apply, mutatis mutandis, to public institutions. The procedures for transforming public institutions into limited liability companies are particularly demanding, as not only the transitional provisions of public-private-partnership legislation regarding public companies apply mutatis mutandis, but also the procedures for the corporate transformation of public limited companies into limited liability companies. The author concludes the article with some open issues regarding such procedures in the Slovenian legal system and the consequences of such transformations for the founders and employees of such transformed public institutions.