Translation of "translation of actions privilégiées non participatives " (French → English) :

(b) where it can reasonably be considered that the principal purpose for an acquisition of a share of the capital stock of a corporation (in this paragraph referred to as the “issuer”) by any person (in this paragraph referred to as the “acquirer”) who had, immediately after the time of the acquisition, a substantial interest in the issuer from another person who did not, immediately before that time, have a substantial interest in the issuer, was to avoid or limit the application of Part I or IV. 1 or this Part with respect to a dividend on the share, the acquirer and specified persons (within the meaning assigned by paragraph (h) of the definition “taxable preferred share” in subsection 248(1)) in ...[+++]relation to the acquirer shall be deemed not to have a substantial interest in the issuer with respect to any dividend paid on the share;

54. Points equally to the potential conflict of interest between the current role of the ECB in the Troika as ‘technical advisor’ and its position as creditor of the four Member States, as well as its mandate under the Treaty as it has made its own actions conditional on decisions it is itself part of; nonetheless, welcomes its contribution in addressing the crisis but requests that potential ECB conflicts of interest, especially as regards crucial liquidity policy, are carefully scrutinised; notes that throughout the crisis the ECB has had crucial information on the health of the banking sector and financial stability in general, and ...[+++]that with this in mind it has subsequently exerted policy leverage on decision-makers, at least in the cases of the Greek debt restructuring, where the ECB insisted that CACs were to be removed from government bonds it held, the Cypriot ELA operations, and the Irish non-inclusion of senior-bondholders in the bail-in; calls on the ECB to publish the letter of 19 November 2010 from Jean-Claude Trichet to the then Irish Finance Minister, as requested by the European Ombudsman;

‘exit strategy’ means a strategy for the liquidation of holdings by a venture capital or private equity fund in accordance with a plan to achieve maximum return, including trade sale, write-offs, repayment of preference shares/loans, sale to another venture capitalist, sale to a financial institution and sale by public offering, including Initial Public Offerings.

The legal framework governing the privatisation of Portugal Telecom provided for privileged shares (A-shares), the majority of which were to be held by the State/public entities. Although the number of A-shares was reduced during the successive privatisation phases, the corresponding privileges, as defined in the Articles of Association of the Company, were maintained. These privileges include special power to appoint one third of the board and the chairman of the company and several veto powers on resolutions on the election of Directors and the audit board; decisions on profit ...[+++] distributions; capital increases; bond issues; opening of branches and changes in the registered office; changes in the Articles of Association; approval of holdings - by shareholders engaged in a competing activity - above 10% of the company's ordinary shares. The Commission is concerned that, in violation of EC Treaty rules (Article 56-Free movement of capital and Article 43-Right of Establishment), these special powers constitute an unjustified restriction on the free movement of capital and the right of establishment, in so far as they hinder both direct investment and portfolio investment.

Equity capital comprises equity in branches, all shares (whether voting or non-voting) in subsidiaries and associates (except nonparticipating, preferred shares that are treated as debt securities and included under other direct investment capital), and other capital contributions.

The implication that Germany, for example, requires greater protection from hostile takeovers because golden shares and majority voting shares exist in other countries reflects protectionist attitudes.