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Lojalitetsplikt vid företagsförvärv

Bengtsson, Magnus (2008)
Department of Law
Abstract
The main focus of the essay addresses loyalty obligations on the parties during an acquisition of a company and how the parties' different experience and knowledge impact the acquisition process. The essay divides the acquisition process into three parts&semic before signing, between signing and closing, and after closing. During the essay it will be important to examine how the demands for loyalty influence different factors, such as parties' expectations and knowledge. The loyalty obligation has changed in meaning over the years and it is fairly important today during negotiations. The loyalty obligation is not required by statute, but is a principle that is often used in order for the parties to have a responsibility towards one... (More)
The main focus of the essay addresses loyalty obligations on the parties during an acquisition of a company and how the parties' different experience and knowledge impact the acquisition process. The essay divides the acquisition process into three parts&semic before signing, between signing and closing, and after closing. During the essay it will be important to examine how the demands for loyalty influence different factors, such as parties' expectations and knowledge. The loyalty obligation has changed in meaning over the years and it is fairly important today during negotiations. The loyalty obligation is not required by statute, but is a principle that is often used in order for the parties to have a responsibility towards one another. Although, the loyalty obligation is considered vague by some it gives the parties the ability to work closely together in the acquisition process, knowing that both sides have obligations to the other side. During wage negotiations, loyalty between the parties is an implied agreement. The obligation to be loyal to your opposing party is implied in several paragraphs, for example 36 § AvtL, where the fundamental idea is based on the thought of paying attention to the opposite party interests. In addition, the essay will discuss the parties' obligation to inform and inspect the object, in this case the company, and the aspects associated with the right to negotiate. The duties are essential for an acquisition of a company and will be analyzed in detail during the essay. Additionally, it will be explained during the essay that the parties have to inform the opposing party of certain information, therefore it is important that both parties have a thorough understanding of the essential information related to the acquisition in order to fulfil their obligations, under the loyalty and knowledge requirements of the acquisition process. In order for an acquisition of a company to occur a fairly high legal standard must be met. Additionally, several factors usually must be addressed in order to reduce the risk of the parties because of the tendency for parties to use non-standard terms during the acquisition, the process often requires a lot of time and money. Moreover, a certain amount of ambiguity exists in regards to key terms such as loyalty and knowledge, which leaves a bit of uncertainty for the parties. For these reasons, the acquisition process often requires a lot of time and money. Although there are comparative elements in this essay, the primary focus will be on the Swedish market. Furthermore, rules concerning the obligation to lay an offer on the stock market are also considered because of its impact on the loyalty obligation. (Less)
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author
Bengtsson, Magnus
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Associationsrätt, Avtalsrätt
language
Swedish
id
1556099
date added to LUP
2010-03-08 15:55:19
date last changed
2010-03-08 15:55:19
@misc{1556099,
  abstract     = {The main focus of the essay addresses loyalty obligations on the parties during an acquisition of a company and how the parties' different experience and knowledge impact the acquisition process. The essay divides the acquisition process into three parts&semic before signing, between signing and closing, and after closing. During the essay it will be important to examine how the demands for loyalty influence different factors, such as parties' expectations and knowledge. The loyalty obligation has changed in meaning over the years and it is fairly important today during negotiations. The loyalty obligation is not required by statute, but is a principle that is often used in order for the parties to have a responsibility towards one another. Although, the loyalty obligation is considered vague by some it gives the parties the ability to work closely together in the acquisition process, knowing that both sides have obligations to the other side. During wage negotiations, loyalty between the parties is an implied agreement. The obligation to be loyal to your opposing party is implied in several paragraphs, for example 36 § AvtL, where the fundamental idea is based on the thought of paying attention to the opposite party interests. In addition, the essay will discuss the parties' obligation to inform and inspect the object, in this case the company, and the aspects associated with the right to negotiate. The duties are essential for an acquisition of a company and will be analyzed in detail during the essay. Additionally, it will be explained during the essay that the parties have to inform the opposing party of certain information, therefore it is important that both parties have a thorough understanding of the essential information related to the acquisition in order to fulfil their obligations, under the loyalty and knowledge requirements of the acquisition process. In order for an acquisition of a company to occur a fairly high legal standard must be met. Additionally, several factors usually must be addressed in order to reduce the risk of the parties because of the tendency for parties to use non-standard terms during the acquisition, the process often requires a lot of time and money. Moreover, a certain amount of ambiguity exists in regards to key terms such as loyalty and knowledge, which leaves a bit of uncertainty for the parties. For these reasons, the acquisition process often requires a lot of time and money. Although there are comparative elements in this essay, the primary focus will be on the Swedish market. Furthermore, rules concerning the obligation to lay an offer on the stock market are also considered because of its impact on the loyalty obligation.},
  author       = {Bengtsson, Magnus},
  keyword      = {Associationsrätt,Avtalsrätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Lojalitetsplikt vid företagsförvärv},
  year         = {2008},
}