THE LEGAL REGIM OF THE DECISIONS
ADOPTED BY THE GENERAL ASSEMBLY
OF MEMBERS/SHAREHOLDERS
OF THE COMMERCIAL COMPANY (GAM)
THE LEGAL REGIM OF THE DECISIONS
ADOPTED BY THE GENERAL ASSEMBLY
OF MEMBERS/SHAREHOLDERS
OF THE COMMERCIAL COMPANY (GAM)
Author(s): Viorel Găină, Alexandru Mihnea GăinăSubject(s): Commercial Law
Published by: Editura Bibliotheca
Keywords: GAM decision; validity; cancellation; effects;
Summary/Abstract: The decisions of the general assembly of members/shareholders are legal acts that materialize the will of the company. Their legal nature is of complex legal acts. General assembly of members/shareholders as deliberative and decision-making bodies exist in the capital companies and in limited liability companies. The principle that governs their adoption is the principle of majority and is of publicity and compulsion. The decisions of the general assembly adopted in the failure of the law or the constitutive act may be appealed and cancelled. The effects of cancelling the decisions of the general assembly are different as the nullity is total or partial and as the act was concluded or not executed, or as subsequent legal acts were concluded in connection with the same rights.
Journal: Valahia University Law Study
- Issue Year: 2017
- Issue No: SI
- Page Range: 241-254
- Page Count: 14
- Language: English
