Förvärvsfinansiering i samband med 21:5 - Efter förvärvstidpunkten

Sammanfattning: In the Swedish limited company act chapter 21 section 5 (Aktiebolagslag 2005:551) there is a prohibition that limits the ability to issue loans, give anything in advance or provide collateral with the purpose that the receiver is going to acquire shares in that same company. The main questions of this essay are to bring clarity to the following things. Can the prohibition loans against acquisition loans be applied to subsequent financing and in what way/ways has the European Union impacted the provision and how has this impact been discussed in the literature. Art 23.1 in the European Union’s second company directive has been a contributing factor when it comes to the provisions structure. The later literature, regarding the acquisition loan prohibition, has stated that it should be viewed with EU-law in mind. This applies to the subsequent financing as well. The older literature has discussed the acquisition loan prohibition but this was before Sweden ́s entry into the European Union therefore you should not consider the old literature as the absolute truth.