6. Asociat prezent în AGA care nu şi-a exprimat votul. Calitate procesuală activă în promovarea acţiunii în constatarea nulităţii absolute a respectivei hotărâri AGA
6. Current GSA member who has not expressed his vote. Active capacity to stand trial in promoting the action for the acknowledgement of the absolute nullity of the respective GSA Decision

Summary/Abstract: The shareholder is a qualified active subject, in that he can invoke any cause of nullity, either absolute, or relative, only if the special provision in art. 132 of the Law no. 31/1990 is fulfilled, i.e. to vote “against” in the meeting he attended. Shareholders may be regarded as “any stakeholders”, according to art. 132 para (3) of the Law no. 31/1990, and they hold the right to challenge the GSA decisions under restrictive conditions. The shareholder may invoke grounds for absolute nullity, but, since he is a qualified subject, when demonstrating his interest, in the very consideration of this capacity, he must also produce proof as to the fulfillment of the special condition in art. 132 para (2) of the Companies Law.

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