Akcionarstvo u Srbiji:
Gespeichert in:
| 1. Verfasser: | |
|---|---|
| Format: | Buch |
| Veröffentlicht: |
Beograd
Zadužbina Andrejević
2010
|
| Schriftenreihe: | Posebna izdanja
|
| Schlagworte: | |
| Online-Zugang: | Inhaltsverzeichnis Abstract |
| Beschreibung: | Zsfassung in engl. Sprache u.d.T.: Shareholding in Serbia |
| Beschreibung: | 96 S. |
| ISBN: | 9788672449013 |
Internformat
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Datensatz im Suchindex
| _version_ | 1804148437691662336 |
|---|---|
| adam_text | Sadržaj
1.
Sažetak
8
2.
Abstract
io
3.
Uvod
12
4.
Ukratko
о
akcionarstvu
14
4.1.
Nastanak i razvoj akcionarstva u Srbiji
16
4.2.
Karakteristike zakonodavne regulative
о
akcionarstvu u Srbiji
18
5.
Ukidanje privatne svojine i prestanak
akcionarstva u Srbiji
20
5.1.
Nemogućnost postojanja akcionarstva u uslovima postojanja
društvene svojine i samoupravljanja
21
5.2.
Privredne reforme kao pokušaj uspostavljanja tržišne privrede
22
6.
Reafir
macija
akcionarstva u Srbiji
25
6.1.
Neophodnost privatizacije u zemljama u tranziciji
25
6.2.
Modeli privatizacije u zemljama u tranziciji
-
prednosti i nedostaci
28
6.3.
Modeli privatizacije u Srbiji i njihov uticaj
na uspostavljanje akcionarstva
30
7.
Razvoj tržišta kapitala i akcionarstva u Srbiji
34
7.1.
Nastanak i stanje tržišta kapitala u Srbiji
35
7.2.
Perspektive razvoja tržišta kapitala i akcionarstva u Srbiji
37
7.3.
Tržišna kapitalizacija
40
8.
Instituti akcionarstva
42
8.1.
Osnovna prava
akcionára
42
8.1.1.
Pravo upravlj anj a
43
8.1.2.
Pravo
akcionára
na informisanj
e
44
8.1.3.
Pravo na udeo u dobiti, odnosno prava na isplatu dividendi
44
8.1.4.
Pravo raspolaganja akcijama i pravo prečeg sticanja akcija
iz novih emisija akcija
45
8.1.5.
Pravo učešća u raspodeli likvidacionog viška, odnosno pravo
na deo viška deobne stečajne mase
46
8.1.6.
Kontrola poslovanja akcionarskog društva
46
8.2.
Obaveze i odgovornost
akcionára
47
9.
Početni problemi akcionarstva u Srbiji
49
9.1.
Karakteristike akcionarstva
49
9.2.
Uskraćivanje prava upravljanja
50
10.
Zaštita prava
akcionára
53
10.1.
Zaštita prava
akcionára u
razvijenim zemljama
54
10.2.
Zaštita interesa i prava
akcionára u
Srbiji
55
10.3.
Ravnopravnost
akcionára
57
10.4.
Sudska zaštita prava
akcionára
58
11.
Zaštita manjinskih
akcionára
61
11.1.
Zaštita prava manjinskih
akcionára
kroz skupštinu
62
11.2.
Zaštita prava manjinskih
akcionára
kroz predlaganje i
izbor članova upravnog odbora preduzeća
63
11.3.
Zaštita prava manjinskih
akcionára
kroz kontrolu poslovanja
64
, 11.4.
Zaštita prava manjinskih
akcionára
kroz institut posebnih prava
nesaglasnih
akcionára
64
11.5.
Pravo manjinskih
akcionára
da zahtevaju tajno glasanje
65
11.6.
Zaštita manjinskih
akcionára u
slučaju reorganizacije preduzeća
66
11.7.
Sudska zaštita prava manjinskih
akcionára
67
12.
Akcionarstvo i korporativno upravljanje
68
12.1.
Značaj korporativnog upravljanja
69
12.2.
Osnovna pitanja korporativnog upravljanja
71
12.3.
Principi korporativnog upravljanja
72
12.4.
Stanje i unapređenje korporativnog upravljanja
74
12.4.1.
Stanje korporativnog upravljanja
76
12.4.2.
Unapređenje korporativnog upravljanja
77
13.
Uloga i značaj
menadžmenta
80
13.1.
Uloga menadžera u procesu privatizacij
e
81
13.2.
Organizacija menadžmenta u akcionarskim društvima
82
14.
Literatura
85
15.
Indeks pojmova
90
16.
Summary
92
16.
Summary
Shareholding in Serbia
The past social and economic development of Serbian economy was defined
by heterogeneous political and economic system, various ways of economy
organization, ownership and management. Taking into consideration the social
political and economic system, as well as the forms, the contents and the
methods of development based upon that, the Serbian society went through
various stages of development, political and economic organization, the forms
of ownership and the system of management. Depending on the influence of
different social systems and powers in the past, state-owned property was given
priority over private property particularly until the year
2000.
This monograph shows how the changes of social systems reflect the
development of shareholding, as a special form of ownership. In that sense
shareholding referring to history, had different stages ranging from affirmation
and prosperity at the end of the 19th and the beginning of the 20th century, then
the period after World War II when shareholding was given up in the
circumstances of state/socially-owned property and self management, to the
stage of transition and privatization in the nineties of the 20th century, when the
new concept of shareholding appeared and survived.
The monograph points out that shareholding, as a special form of
concentration and mobilization of capital, can only exist in an economic system
in which private property prevails, in other words where there is ownership over
companies whose securities are traded at equity market.
Namely perceiving the earlier system of private property abolition and
introducing state-owned, then socially owned property later on, as well as
considering all the fruitless attempts to start market economy through some
economic reforms, without change of ownership, it appears to be an undeniable
fact that (in all countries in transition) violent abolition of private property and
shareholding, turning into state/socially-owned property was in advance doomed to
failure, so therefore soon or later, transition and change of ownership were bound
to happen, in view of the fact that only private property may be the fundamentals
of establishing market economy with companies as profit organizations.
The experiences from the time of ascend and shareholding development
between two World Wars, then the period of legally making shareholding
impossible, banning it in the circumstances of socially-owned property, then
92
finally the period of transition and privatization in Serbia in which there is a
reconversion of shareholding and its culture in our country, represent useful
morals for society in the future. Further more international experiences, especially
those from the countries in transition, provide additional knowledge regarding
the options for adequate strategies with actual measures and mechanisms for
advancement of shareholding and further development of our country.
Looking from the methodological point of view, this monograph consists of
10
chapters.
The first chapter deals with the background, in other words emergence and
development of joint stock companies and shareholders capital around the world,
as well as in our country. In that sense it has been made clear that joint stock
companies and shareholders capital appear to start as a particular form of doing
business, determined by the degree of social economic development, as well as
by appropriate social and historical circumstances. Shareholders capital emerged
mainly during primary accumulation of capital in the capitalist system, like a
unique form of capital socialization and separation of the capital owners from
doing business and company management. In Serbia, shareholding occurred at
the turn of 19th into 20th century. Although it was still undeveloped, the doubtless
aim was strong tendency to incorporate Serbia into modern economic processes,
which came through in developed capitalist countries of Europe. The focus has
been placed on engaging and mobilizing capital in order to cause faster social
and economical development, aiming at gaining as much profit as possible.
However, in the current period owing to its underdevelopment, shareholding
did not have essential influence on the economic development of our country.
The second chapter perceives termination of shareholding in our country after
World War II, when with development and introduction of new relations and
establishment of new legal and economic system, the concept of private property
and the possibility of shareholding disappeared, in other words with establishing
the socialist social system and later on, self-management social economic
relations, in which state and socially owned property had the dominant role, all
important forms of private property, concentration of capital and management
were abolished, eliminated in full. Abolition of private property as a form of
ownership with the dominant influence of state in managing the material goods,
on the one hand, as concentration on developing anarchic economy, without
sufficient correlation with the world economy and its achievements in various
spheres of human creative work (especially in shareholding) without enough
accumulation of capital, with old fashioned tools for work on the other hand,
have totally eliminated and made impossible establishment and development of
new forms of property and shareholding in Serbia. During the period of
centralization in the time of self managing socialist development of the society,
it was legally made impossible to have joint stock companies in our country.
The system developed was state-owned or socially-owned property with self
management decision, in which there was no space for shareholding and
shareholders property. However, that system could not function successfully
within a longer period of time as it was contrary to regularity of market economy
development and the position of companies as independent profit organizations.
Namely, developing the society with monopolistic position of companies in
socially-owned property with close economy and state decision making, it
unavoidably led the society into economic and social crisis, in other words into
falling behind. The solutions were tried to be found in economic reforms of the
economic system, so as to establish more efficient economy. Although these
reforms seemed to be incomplete and imperfect, they were certainly paving the
way for a gradual development of particular elements in the market economy
with pluralism of ownership, a new way of economy organization and decision
93
making. In practical experience all the reforms which were carried out, aiming
at establishing the market economy and economic business doing, generally
failed. Not conducting, carrying out the process of ownership transformation of
socially-owned or state-owned organizations was the main reason for that failure.
Proprietary ownership relations were not defined in the society, neither was
the property titular, which is the main supposition for the market growth as well
as establishing an expanding shareholding.
The third part of the monograph is about
reaffirmation
of shareholding in
Serbia with implementation of the process of transition and privatization in our
country. In all transitional countries the necessary requirement for introduction
of market economy and establishment of shareholding, establishing business
enterprises on private ownership foundations is ownership transformation of
socially-owned business enterprises into joint stocked companies, primarily.
Realizing the necessity of establishing market economy on ownership
foundations, at the end of the eighties and the beginning of the nineties of the
2(Ρ
century, the process of transition began in Serbia. Those were legal and
institutional reforms which enabled development of the mixed economy with
ownership pluralism of capital and management (state, mixed, cooperative
ownership), and affirmation of shareholding in our region. Namely with a
process of transition and privatization in Serbia institutional and economic
system, foundations for the market economic operation are determined as well
as property pluralism development of the financial market organizing and
managing a company as the main market and economic subject, making a gain
as the target function of a business enterprise, abolishing restrictions to private
sectors, allocating certain advantage to foreign capital and so on. In that manner
the conditions were created for developing integral market, the market
assessment of all the factors in production. For the first time after World War II
these changes caused legal and institutional foundations for
reaffirmation
of
shares of stock, shareholders capital, in other words for various forms of
securities which need to contribute to the development of market economy.
The fourth chapter of this monograph deals with emergence and development
of the market capital in Serbia, taking into account the fact that in all transitional
countries capital markets were initiated by privatization of socially-owned
companies, ownership transformation of socially-owned enterprises into joint
stock companies, represents the basis for development of capital market and
shareholding establishment. It has been pointed out in this monograph that the
great significance for the development of capital marker and shareholding in
Serbia had the previous, earlier models of privatization. The citizens were
entitled to certain free shares of stock or the employees and the management of
enterprises were offered to buy them under preferential conditions, so that was
the manner how they made the critical mass of shares, with which they can trade
on the Stock Exchange market now. It has been also made clear that the main aim
regarding further development of capital market and affirmation of shareholding
in our country represents securing adjusted development of all institutions
associated with capital market. The same aim also includes adjustment of
legislation to the standards (instructions) of European Union, which will enable
easier communication between the participants in the capital markets of the
regional area, as well as the efficient flow of capital.
The fifth chapter shows the basic institutes of shareholding, what the rights
and responsibilities of the shareholders are. Shareholding in Serbia occurred
with transition and privatization so that there are sets of specific features and
peculiarities in relation to the countries with developed market economy and
long shareholding tradition. In our country great number of joint stock
companies are actually the enterprises deriving from ownership transformation
94
of socially owned enterprises into joint stock companies. In the ownership
structure of these companies there is a dominant number of small shareholders
who acquired their shares through cost free division or who bought them under
privileged or preferential conditions, but not knowing much about them what
they were, what there value was, how they could trade with them on the market
and how to gain profit on the base of them. They were ignorant of the rights of
the shareholders and how to protect them. The experiences so far have shown
that the shareholders are hardly acquainted with their rights and the rights
deriving from the shares they possess. In most cases they are uninterested in
taking active part in managing the company whose shares they possess. So this
part of monograph points out the rights and obligations of shareholders in joint
stock companies, regulated by the law of economic enterprises.
The sixth part of this monograph deals with peculiarities and shareholding
problems which (after
60
years of termination) in the region, was reestablished
in the nineties of the previous century, with the process of transition and
privatization. These peculiarities primarily refer to the purchase of shares under
privileged conditions in the companies or the acquisition of shares based on the
length of service, in other words free of charge. Similarly a great number of
shareholders in our country do not look at their shares as their ownership but
the right acquired on the basis of their work. So their conduct in enterprises was
the continuation of earlier self-managing practice rather than the co-owners
behavior in the company. For that reason this part of the monograph points out
the tasks and activities of the state and all relevant institutions on the capital
market, which they must undertake with a view to overcoming all negative
phenomena in the initial stage of shareholding in our country, which seems to be
quite significant for further advancement of shareholding.
In the seventh chapter of this monograph there are forms and mechanisms for
protecting shareholders rights and interests in joint stock companies. The
necessity to protect the shareholders rights derives from dissimilar interests
between the function of ownership office-bearers in the companies and the
function of the company management by professional administration. The focus
is here on the forms and mechanisms of shareholders protection (particularly
minority ones) in developed capitalist countries with long shareholding tradition
from the aspects of protecting shareholders rights in Serbia. In developed
capitalist countries with developed market economy the emphasis is on
strengthening legal regulations dealing with the issue of protection of
shareholders rights, on both global level and small business enterprises. In our
country, the protection of elementary shareholders rights is secured by making
and improving appropriate legal regulations, then by promoting the practice of
good corporate management in the companies. Besides enabling the shareholders
to realize their rights to the company management and informing about running
a business and making all relevant information public, professionalism and
loyalty of the members of the management to the company represent basic
protection of the shareholders rights and interests within joint stock companies.
The eight chapter of the monograph describes the forms of protecting the
rights of minority shareholders in Serbia according to existing legal regulations.
With passing a law about economic business enterprises as the fundamental law
regulating the question of realizing and protecting the shareholders rights, we
are trying to prepare the conditions for implementing the main shareholders
principal to allow the owners, in other words, shareholders to take active part in
operating the business in their companies. The law offers the companies the
possibilities to solve the problem of protecting the shareholders rights,
themselves. They must make certain those rights are realized and duly protected
in accordance with the specifities of the company and shareholding culture. As
95
for protection of minority shareholders rights, it is a matter of utmost importance
that all the shareholders get acquainted with existing legal regulations regarding
protection of their rights, to make certain they can do it within their companies,
so they do not need help to get organized from the outside, different kinds of
associations of minority shareholders could damage themselves, other
shareholders as well as company itself.
In the ninth chapter of this monograph we can learn about the importance of
corporate management in shareholding affirmation in our country. In a
transitional country such as ours, development of corporate management in joint
stock companies represents one of the most efficient methods of preventing any
form of manipulation with shareholders rights as well as protecting interests of
both majority and minority shareholders. Establishing the appropriate legislative
regulatory frame certainly represents the principal prerequisite for improving
corporate management in the companies. In Serbia legal regulatory rules of
corporative management is being improved constantly, but it will take a very
long time before it is ready to be commonly used. The existing legal regulations
seemingly offer the appropriate protection of the shareholders rights but
practical experience proves there is a great deal of this discrepancy between
theory and practice. The reasons are numerous, deriving from problematic
ownership structure, insufficient work of capital market, unclearly defined
relations between the shareholders and management incompetence of managing
and supervisory boards, discontinuation in advanced training following the
global tendencies in the sphere of corporate management. For advancement of
corporate management which is necessary for affirmation and further
improvement of shareholding in our country, besides establishing the adequate
legislative and regulatory frame, positive experiences of developed countries of
the regional world, regarding corporate management, should be taken into
consideration and made use of.
The tenth chapter of the monograph deals with the role of management in the
field of shareholding. In its initial stage management has a very important role
whether by preventing minority shareholders from realizing their rights, or by
contributing to promote shareholding and development of corporate
management in the companies whose managers they are. In Serbia, like in other
countries in transition managing or running or administering enterprises, have
been from theoretical and practical point of view, treated totally differently than
in the countries with developed market economy and tradition in shareholding.
In the socialist socio-economic system, in other words in the conditions of
planned, controlled economy, there was the party management. It actually means
that all those who were in the executive positions, who held positions of
directors, managers, business agents were only entitled to enforce or carry out
decisions which had been previously made and confirmed by high political
organs. Therefore those directors were so-called quasi-managers because they
did not have the managing role in their companies. However, ending of
transitional processes and including our country into international integrated
relations with economic and market liberalization, indispensably requires
improvement of the managing system in Serbian companies and hiring
professional and highly educated management, whose duty is to accomplish
strategic goals, keeping and strengthening their position in the conditions of
market economy and keen competition. In the conditions of market economy,
adapting enterprises to the market is a continual process, performed by providing
the right quality of the products and services offered and placed on the market.
In market economy, management is supposed to have a visionary mission, the
responsibility to change and adapt to the latest product ranges, aiming at
strengthening competitive positions of the company in the market.
96
|
| any_adam_object | 1 |
| author | Mrdak, Gordana |
| author_facet | Mrdak, Gordana |
| author_role | aut |
| author_sort | Mrdak, Gordana |
| author_variant | g m gm |
| building | Verbundindex |
| bvnumber | BV039599119 |
| ctrlnum | (OCoLC)756357851 (DE-599)BVBBV039599119 |
| format | Book |
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| geographic | Serbien (DE-588)4054598-2 gnd |
| geographic_facet | Serbien |
| id | DE-604.BV039599119 |
| illustrated | Not Illustrated |
| indexdate | 2024-07-10T00:07:07Z |
| institution | BVB |
| isbn | 9788672449013 |
| oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-024450042 |
| oclc_num | 756357851 |
| open_access_boolean | |
| owner | DE-12 |
| owner_facet | DE-12 |
| physical | 96 S. |
| publishDate | 2010 |
| publishDateSearch | 2010 |
| publishDateSort | 2010 |
| publisher | Zadužbina Andrejević |
| record_format | marc |
| series2 | Posebna izdanja |
| spelling | Mrdak, Gordana Verfasser aut Akcionarstvo u Srbiji Gordana Mrdak Beograd Zadužbina Andrejević 2010 96 S. txt rdacontent n rdamedia nc rdacarrier Posebna izdanja Zsfassung in engl. Sprache u.d.T.: Shareholding in Serbia Privatisierung (DE-588)4047297-8 gnd rswk-swf Aktiengesellschaft (DE-588)4000937-3 gnd rswk-swf Aktionär (DE-588)4000947-6 gnd rswk-swf Serbien (DE-588)4054598-2 gnd rswk-swf Serbien (DE-588)4054598-2 g Privatisierung (DE-588)4047297-8 s Aktiengesellschaft (DE-588)4000937-3 s Aktionär (DE-588)4000947-6 s DE-604 Digitalisierung BSB Muenchen 2 application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=024450042&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen 2 application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=024450042&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract |
| spellingShingle | Mrdak, Gordana Akcionarstvo u Srbiji Privatisierung (DE-588)4047297-8 gnd Aktiengesellschaft (DE-588)4000937-3 gnd Aktionär (DE-588)4000947-6 gnd |
| subject_GND | (DE-588)4047297-8 (DE-588)4000937-3 (DE-588)4000947-6 (DE-588)4054598-2 |
| title | Akcionarstvo u Srbiji |
| title_auth | Akcionarstvo u Srbiji |
| title_exact_search | Akcionarstvo u Srbiji |
| title_full | Akcionarstvo u Srbiji Gordana Mrdak |
| title_fullStr | Akcionarstvo u Srbiji Gordana Mrdak |
| title_full_unstemmed | Akcionarstvo u Srbiji Gordana Mrdak |
| title_short | Akcionarstvo u Srbiji |
| title_sort | akcionarstvo u srbiji |
| topic | Privatisierung (DE-588)4047297-8 gnd Aktiengesellschaft (DE-588)4000937-3 gnd Aktionär (DE-588)4000947-6 gnd |
| topic_facet | Privatisierung Aktiengesellschaft Aktionär Serbien |
| url | http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=024450042&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=024450042&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA |
| work_keys_str_mv | AT mrdakgordana akcionarstvousrbiji |