Contribution to the study of the right of subscription preferred in the Anonymous Company (Bases for future legislative reform)

Abstract

The ability of shareholders to preferably subscribe to the new shares issued by the company by increasing its share capital, in proportion to their respective share shares, is, today, a right of shareholders who, with natural peculiarities, recognize the vast majority of the laws of the orb and which, together with that other power - almost its twin sister - known as the "right to free allocation of shares" (in respect of which , by the way, it makes mutis our commercial legislation) are intended to protect the shareholder's shareholding position within the public limited company at the economic and administrative level (the first, when there is an increase in share capital as a result of an increase in its shareholding, the second, when the company decides to capitalize on funds previously available through self-financing).