Last modified: 2013-07-31
The paper analyzes the situation in the field of the public procurement if bearer shares were abolished in the Czech Republic. Even after the legal change foreign companies with bearer shares may continue to participate as candidates at the Czech public procurement. If the contracting authority wants to know the list of shareholders of joint stock companies it has to be stated in the contract notice as a qualification requirement. It is likely that this condition would be not regarded as discriminatory under the EU law, because it does not preclude owners of joint stock companies with bearer shares as a whole, but only if they are not able to provide the list of shareholders. As shown by the analysis of the OECD report, the most countries, to which the EU law in this area applies, already require in certain form the knowledge of the bearer shares owners, and thus the companies have this information at disposal for public procurement purposes.