Bolagsstämma

According to Chapter 9, section 1, of the Swedish Companies Act (1975:1385), the shareholder’sright to make decisions in the company’s affairs is exercised at general meetingsof shareholders. The main purpose of the present thesis is to describe and analyze therules that regulate the general meeting of shareholders in Swedish companies. The dissertationhas been made in a comparative framework, and deals mainly with two subjects:The power of the general meeting in general and the formal conditions regulating the relationshipbetween shareholders in a company, as far as they are connected with the shareholdersmeeting. In principle, the study does not deal with the sanctions that are availablewhen the rules are broken.The method used, is the method which is usually called the traditional legal method.The problems that are dealt with are discussed in the context of statutes, travaux préparatoires,precedents and legal writing.The main conclusion of the study is that the Swedish regulation of general meetings ofshareholders is well thought out and creates a system that alllows both efficient businesstransactions and a possibility of shareholder control. The rules governing the limitation ofthe power of the general meeting, are not generally shown to be less efficient than thoseof any other legal system examined here. However, the protection of the minority shareholderscould be improved by the enactment of more rules demanding supermajority. Itseems possible, to enact a number of new supermajority rules without unduly diminishingthe efficiency of the business. In connection with the rules giving shareholders a right todemand information from the company’s management, the principle of equal treatmentcould easily be more strongly outlined, and the rules about the right to participate in generalmeetings could be improved by banishing disputes about the substantive title of ashareholder to the area outside the company.Även med tryckår: [Ny tr.], 2004Med sammanfattning på engelskaJuridikbok.se CC-BY-NC 4.0