Preferensrätten

Preferensrätten, often translated as pre-emption right or right of first refusal, is a legal concept that grants a party the right to be offered a certain asset or opportunity before it is offered to others. This right typically arises from a contract, a law, or a company's articles of association. The holder of the preferensrätt has the option to acquire the asset on the same terms and conditions as would be offered to a third party. If the holder chooses not to exercise their right, the asset can then be sold to another party.

In a corporate context, preferensrätten is commonly applied to shares. Existing shareholders may have a right of first refusal to purchase newly issued shares or shares being sold by another shareholder. This is often intended to allow existing owners to maintain their proportional ownership stake and control within the company. The specific terms and conditions for exercising the preferensrätt, including the timeframe and the method for calculating the price, are usually detailed in a shareholders' agreement or the company's bylaws.

Beyond company law, preferensrätten can also appear in real estate transactions, intellectual property licensing, and other areas where the initial opportunity to acquire something is valuable. The existence and scope of such rights are crucial for parties involved in negotiations and contractual agreements, as they can significantly influence the process of asset transfer and ownership.