The prohibition of financial assistance as provided for in article 322 of the Portuguese Companies Code is still a prohibition in absolute terms, contradicting the ongoing tendencies towards flexibilization of the regime, particularly at EU level. With this work we seek to contextualise the institute, identify its fundaments, and analyse its compatibilization with the LBO. We also intend to demonstrate that MLBO operations should not be included in the provision of the prohibition.
|Date of Award||20 Apr 2022|
- Universidade Católica Portuguesa
|Supervisor||Pedro Gil Amorim Caetano Nunes (Supervisor)|
- Leveraged buy-out
- Prohibition of financial assistance
- Merger leveraged buy-out