Is saving opportunities to redeem the shares it is possible to contract out of the company?
redemption of shares is based on their legal annihilated by the company and by the abolition of the rights and partner responsibilities associated with their possession. It is possible cancellation of all or part of the shares of the shareholder. Can shareholders may agree that in certain circumstances, shares will be redeemed, without reference to the articles of association?
not. If shares are to be redeemed, it is necessary to include in the contract the company's provision providing for such a possibility. An additional condition is that the company must be registered in the NCR, it is not possible redemption of the shares in the organization. At the same time included in the company decided to discontinue the shares may be limited to generic wording such as: "shares in the company can be redeemed" - then it is only possible to make so-called redemption. voluntary.
If the articles do not contain provisions providing for redemption of shares, the redemption is at all acceptable. In this situation, the partners must amend the articles of incorporation, to which it is necessary to obtain a 2 / 3 majority vote of the assembly (unless the articles of association provides for more stringent requirements) and to make an entry in the National Court amendments to the company.
more about issues related to the conclusion of agreements by the limited liability company, see the guide "Advisor to the President a limited liability company."
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