The right of shareholders to appeal the resolutions of shareholders meetings in capital companies Cover Image

Legitymacja czynna wspólników do zaskarżania uchwał zgromadzeń spółek kapitałowych
The right of shareholders to appeal the resolutions of shareholders meetings in capital companies

Author(s): Sylwia Łazarewicz
Subject(s): Commercial Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: commercial law; corporate rights; case law; challenging resolutions; invalidation of a resolution;

Summary/Abstract: The Commercial Company Code provides the possibility of appealing the resolutions of shareholders meetings in capital companies. It also listing entities having the right to undertake such actions. However, certain requirements should be met. In the article legal problems related to the interpretation of the Article 250 and Article 422 § 2 CCC were discussed. Despite the clear wording of these provisions, there have been doubts regarding the requirements the shareholders are expected to meet to be able to appeal such resolutions and the list of authorized subjects, i.e. the possibility of adding former shareholders. The author assumed the latter do not have the right to challenge any of such resolutions, while undoubtedly have such a right regarding the resolutions affecting their rights.

  • Issue Year: 2020
  • Issue No: 47
  • Page Range: 109-120
  • Page Count: 12
  • Language: Polish