Post by account_disabled on Dec 30, 2023 6:17:51 GMT -5
A. The law does not expressly provide for cases of absolute nullity and those of relative nullity but they have been identified in doctrine and jurisprudence as for example AGA decision cases of absolute nullity violation of the formalities of advertising the convocation violation of the rules relating to the ownership of the right to convene misidentification of shareholders wrongly setting the reference date the illegal or false cause of the decision of the general assembly violation of the imperative provisions of the law or contrary to good morals AGA decision cases of relative nullity violation of quorum and majority conditions vitiating voter consent voter incapacity.
The annulment action is brought to the court in the jurisdiction of Country Email List which the company has its seat and will be tried in the boardroom. Until the annulment request is resolved the court can order the suspension of the contested decision by means of a presidential ordinance if the request for suspension of the contested decision is formulated together with the annulment action as provided by art. para. of the Companies Law . In accordance with art. of the Companies Law the provisions provided for jointstock companies regarding the right to challenge the decisions of the general assembly also apply to limited liability companies . By way of exception the term of days in which calculated from the date on which the associate became aware of the decision of the general meeting that he is attacking.
Sources Law no. on companies Gheorghe Piperea Commercial Law. ntreprindea Ed. CH Beck Bucharest more explanations for the cases of absolute and relative nullity of the decisions of the general meetings. Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email anCJEU VAT exemption. Buying cinema tickets. Tax law European Union law European jurisprudence minutes Cristina Dutescu.
The annulment action is brought to the court in the jurisdiction of Country Email List which the company has its seat and will be tried in the boardroom. Until the annulment request is resolved the court can order the suspension of the contested decision by means of a presidential ordinance if the request for suspension of the contested decision is formulated together with the annulment action as provided by art. para. of the Companies Law . In accordance with art. of the Companies Law the provisions provided for jointstock companies regarding the right to challenge the decisions of the general assembly also apply to limited liability companies . By way of exception the term of days in which calculated from the date on which the associate became aware of the decision of the general meeting that he is attacking.
Sources Law no. on companies Gheorghe Piperea Commercial Law. ntreprindea Ed. CH Beck Bucharest more explanations for the cases of absolute and relative nullity of the decisions of the general meetings. Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Email Site web Save my name email anCJEU VAT exemption. Buying cinema tickets. Tax law European Union law European jurisprudence minutes Cristina Dutescu.
