Selskapsrettslige

Selskapsrettslige is an adjective used in Norwegian law to refer to matters tied to corporate or company law. It encompasses the rules, principles, and procedures that govern the formation, governance, operation, and eventual dissolution of businesses and other corporate entities.

The field covers a range of organizational forms, including aksjeselskap (AS, limited liability company) and allmennaksjeselskap (ASA, public limited company), as well as other business associations such as ansvarlig selskap (ANS) and kommandittselskap (KS). Selskapsrettslige spørsmål can relate to the structure of ownership, transfer of shares, capital requirements, and rules on distributions and capital maintenance.

Key topics within selskapsrettslige matters include corporate governance (roles and duties of the general meeting, board of directors, and executive management), fiduciary duties of directors and officers, and protection of minority shareholders. The area also covers corporate reorganization (mergers, demergers, and restructurings), acquisitions, financing arrangements, and the legality of related party transactions. Regulation of disclosure, transparency, and accountability, as well as solvency, liability, and remedies in cases of mismanagement or bankruptcy, are also central.

In practice, selskapsrettslige analyses are used in drafting articles of association and shareholders’ agreements, evaluating governance structures, and guiding corporate transactions and compliance. The primary legal sources are Norwegian company acts, notably those governing different corporate forms, supplemented by related statutory provisions and corporate governance guidelines.