Limitação ao exercício do direito de voto e OPA obrigatória

Abstract

The present essay has as its purpose the expositive analysis of the mandatory takeover bid (TOB) as a fundamental institute of the securities legal framework, as well as the limits that ground the duty of its release.
The central subject of the present thesis is the connection of the statutory control
enhancing mechanisms, perceived as a defence mechanism of the company’s
established control, with the borders legally established which base the TOB’s release obligation.
The mechanisms of granting voting rights are of particular relevance for this analysis, especially the General Meeting’s vote counting rules and its impact on the mandatory TOB institution.
This is mainly an expositive essay which intends to analyze the current legal framework in Portugal and to contribute to the discussion regarding the connection between the mechanisms that bound the voting rights’ exercise and the rules of the granting and counting of such rights, for the purpose of determining whether the boundaries which establish the release of the mandatory TOB were surpassed.

Date of Award	Mar 2011
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Jorge Brito Pereira (Supervisor)