A proposta de diretiva Unshell e a sua (des)aplicação às holdings puras

Abstract

This dissertation analyzes and discusses the proposed Unshell Directive, at a time when this legislative initiative is still being refined. Thus, in order to understand how the Unshell behaves in concrete and real situations, we empirically test its limits. Specifically, we focus our approach on the application of some of its rules to a holding company. We have chosen to delimit our analysis to pure holding companies, whose only activity is to manage its participation in other companies, withdrawing dividends or registering capital gains when divested. This first approach provided us indicia that pure holding companies may not come under the scrutiny of the Unshell proposal. In an attempt to unveil the true meaning and scope of this (future) legal norm, we have chosen to follow two distinct but complementary paths. Thus, we proceeded to an analysis of the literal element and then to the teleological element of some norms of the Unshell proposal.

Date of Award	28 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Tomás Tavares (Supervisor)