When you call into question the resolution of the shareholders?
shareholder limited liability company may demand the repeal of the resolution, if:
1) it is incompatible with the agreement of the company or the principles of morality and
2) detrimental to the interests of the company or is intended to harm a partner.
Note that those two conditions must be proven by submitting the petition.
petition to set aside the resolution of the shareholders must be made within one month from the receipt of information about the resolution, but not later than within 6 months from the date of its adoption. Remember to meeting that deadline. The case for repeal of the resolution is always considered by the court economic development.
right to bring an action to set aside the resolution of the shareholders entitled to:
1) the management board, supervisory board, audit committee and its individual members,
2) shareholder who voted against the resolution and after the opposition demanded to record learning,
3) shareholder unreasonably niedopuszczonemu to participate in the meeting of shareholders,
4) accomplice, who was not present at the meeting, only if it is incorrectly calling a meeting of shareholders or the adoption of a resolution on those covered by the agenda,
5) If a written vote - shareholder, which missed the vote, or who did not agree to the written vote or who voted against the resolution, and after receiving news of the resolution within 2 weeks notice of opposition.
In practice, the question who is entitled to appeal against the resolution, is a matter of controversy. Partners
often forget to request to record the opposition, and then it turns out that did not meet all the criteria and lose the case for formal reasons.
resolution of shareholders to challenge itself does not suspend the related registration proceedings. However, you can submit to the court of registration application for stay of proceedings. Court decisions in this matter will take after the hearing.
Detailed information about the daily operation of a limited liability company you
in the guide, "Advisor to the President a limited liability company."
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