Icke affärsmässiga ansvarsförbindelser och olaglig värdeöverföring (Del II av II)

The ¹1.. Jag vill tacka Jur Dr Anssi Kärki, University of Lapland, Rovaniemi, och professor Tore Bråthen, BI, Oslo för hjälp och upplysningar. phenomenon of contingent liabilities involves risks for limited companies and their creditors, as shown in the first article (I). All five of the different Nordic legal regulations provide scope for handling transactions that have a negative impact on the company and its creditors. The company law regulations can be used to limit the possibilities of making such transactions with valid effect. This second article (II) presents three analyses. One analysis concerns the systems of rules in the various Nordic regulations and the impact the system can have for the handling of the legal issues. The second analysis concerns normative statements made regarding the effects of contingent liabilities for the circumstances in one of the jurisdictions, the Swedish. That analysis shows that the statements provide support for the conclusion that contingent liabilities should be seen to have a negative impact. The third analysis shows how the Swedish regulation could be used to counteract the negative effects of contingent liabilities. To underline the relevance of the knowledge contributed by the analyses in the two articles, this article ends with an explanation.