The Legal Nature of Unused Preemptive Rights with Comparative Study in American law

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SHAHIDI SEYED MORTEZA; ZAREE HAMIDEH

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Journal Paper

Paper Information

Journal: JOURNAL OF SECURITIES EXCHANGE Year:2018 | Volume:11 | Issue:42 Page(s): 29-51

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Information Journal Paper

Title

The Legal Nature of Unused Preemptive Rights with Comparative Study in American law

Author(s)

SHAHIDI SEYED MORTEZA | ZAREE HAMIDEH | Issue Writer Certificate

Keywords

Unused Pre-emptive RightsQ1

ShareQ2

pre-emptive rightsQ1

Stock MarketQ2

Comparative StudyQ1

Capital RaisingQ2

ShareholderQ1

Abstract

The pre-emptive right due to the increase of capital is a transferable financial entitlement that expires after a certain period of time and recognized as an unused pre-emptive. Iranian and American Legislators and lawyers are silent about the nature of the Unused Pre-emptive Rights, but with the Comparative Study of this rights in two countries, in American law, unused right is independent of the Shareholders pre-emptive rights, so that with the abolition of the Shareholders' preemptive right, Capital Raising as the source of this right remains intact And this is the root of the unexercised right which belongs to the company as a whole not to the Shareholders, while in Iran with the expiry of a certain period of time pre-emptive rights due to its customary value continues to its existence as an unexercised preemptive rights, so that Shareholders capacity to exercise pre-emptive rights subjected to certain time and with expires of that time and capacity to have the rights remains intact and capacity to exercise the rights transfer to the company on the behalf of Shareholders.

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APA: Copy

SHAHIDI, SEYED MORTEZA, & ZAREE, HAMIDEH. (2018). The Legal Nature of Unused Preemptive Rights with Comparative Study in American law. JOURNAL OF SECURITIES EXCHANGE, 11(42 ), 29-51. SID. https://sid.ir/paper/389157/en

Vancouver: Copy

SHAHIDI SEYED MORTEZA, ZAREE HAMIDEH. The Legal Nature of Unused Preemptive Rights with Comparative Study in American law. JOURNAL OF SECURITIES EXCHANGE[Internet]. 2018;11(42 ):29-51. Available from: https://sid.ir/paper/389157/en

IEEE: Copy

SEYED MORTEZA SHAHIDI, and HAMIDEH ZAREE, “The Legal Nature of Unused Preemptive Rights with Comparative Study in American law,” JOURNAL OF SECURITIES EXCHANGE, vol. 11, no. 42 , pp. 29–51, 2018, [Online]. Available: https://sid.ir/paper/389157/en

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