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해외 M&A의 법적 쟁점 - Sullivan & Cromwell

해외 M&A의 법적 쟁점 - Sullivan & Cromwell

해외 M&A의 법적 쟁점 - Sullivan & Cromwell

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2.4 Public Companies<br />

a) Access to information<br />

continued<br />

French law prohibits the use of inside information relating to<br />

securities listed in France, through either:<br />

- improper communication of such information, or<br />

- dealing on the securities in question while in possession of such information<br />

An inside information is an information which is:<br />

- confidential,<br />

- precise, and<br />

- price-sensitive<br />

However, the doctrine of the AMF encourages investors interested<br />

in the acquisition of a significant stake in a company which shares<br />

are listed in France, to undertake due diligence – thus potentially<br />

accessing inside information – particularly when the transaction<br />

consists in a capital raising (as opposed to the sale of existing<br />

shares by an existing shareholder)<br />

83

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