Monitor Prawa Handlowego

no. 1/2015

A division of a public company in the light of the Act on Public Offering

Rafał Woźniak
Adwokat w Warszawie, Of Counsel w Zespole Rynków Kapitałowych kancelarii CMS Cameron McKenna Greszta i Sawicki sp.k.
Abstract

The aim of this article is to analyze the impact of legal provisions on the spin-off processes of publicly listed companies. The legal status of such companies imposes additional obligations on the participants in such processes. In case a publicly listed company is divided, recipient companies become responsible for a public offering of spin-off shares. However, as a result of the division of a publicly listed company the publicly listed company status is not transferred. In some cases, the division of a publicly listed company may result in an obligation to rematerialize shares.