>>>Legal seizure of shares: an underrated cornerstone of organizational law (Corporate Finance Lab)

Legal seizure of shares: an underrated cornerstone of organizational law (Corporate Finance Lab)

It is a fundamental rule in many legal orders that when a debtor fails to pay his debt(s), his personal creditors can seize his assets. Legal seizure of assets is, as such, a necessary tool for creditors in order to force an unwilling debtor to fulfill his obligations. Ultimately, legal seizure can lead to a forced sale of the debtor’s assets.

When a debtor owns shares in a share capital corporation, these shares are part of the debtor’s assets as well. Just like the debtor’s house, car, or bank account, shares in corporations are available for creditors to seek recourse on for their unpaid claims. Therefore, proper legal seizure proceedings of shares are in place in order to protect the interest of personal creditors of shareholders and to consolidate this fundamental principle.

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2017-08-15T20:52:43+00:00 21 avril, 2017|Categories: Droit des societés|Tags: |