Considerations regarding the 48 hours term for filing a power of attorney in the general meeting of shareholders (Case Study) Cover Image
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Consideraţii privind termenul de 48 de ore pentru depunerea procurilor de reprezentare în adunarea generală a acţionarilor (Studiu de caz)
Considerations regarding the 48 hours term for filing a power of attorney in the general meeting of shareholders (Case Study)

Author(s): Dragoş Călin
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: illegal shareholder representation; imperative term; mandate

Summary/Abstract: These considerations have been occasioned by a decision of the Court of Appeal of Constanţa pronounced in an appeal against a sentence passed stating the absolute nullity of a decision of the Ordinary General Meeting of Shareholders adopted by a company owned by the state, sanction applied for non-compliance with the mandatory provisions of art. 1 of O.G. no. 64/2001. To deliver this solution correctly, the courts have noted that the profit was not distributed as a dividend of at least 50% after tax deduction and other destinations set by this act, but the amount was distributed was assigned as „own sources of funding”.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 141-146
  • Page Count: 6
  • Language: Romanian