preëmptie

Preëmptie is a term used in law and finance to describe the right of a specified party to acquire an asset before others when it becomes available for sale. Derived from the French préemption, the concept centers on seizing an opportunity in advance to prevent loss of the asset to a third party. In Dutch usage the word is commonly employed to denote a preemptive right attached to property transactions or to corporate share issues, though its exact scope varies by jurisdiction.

In real estate and property law, a preëmptie right allows a designated holder, such as a neighbor, a public authority, or another named entity, to purchase the property on the same terms and conditions offered to another buyer. The seller is typically obliged to notify the preëmptor and give them a limited window to decide. If the preëmptor declines or fails to respond in time, the sale can proceed to the other party. This mechanism is often used to protect urban planning goals, preserve farmland, or safeguard public interests.

In corporate law, preemptive rights enable existing shareholders to subscribe to new shares in proportion to their current holdings, preventing ownership dilution when a company issues additional shares. These rights are usually transferable and come with a specified exercise period. If exercised, new shares are allotted to the holder, maintaining relative ownership percentages.

The application and details of preëmptie vary by jurisdiction and context, but the central idea remains the same: designate a party with the priority to acquire an asset before it is offered to the general market. See also right of first refusal and preemption.