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Grounds for absolute nullity of the general resolution

The Timisoara Court of Appeal established that the mere transmission to the National Securities Commission and to the operator of the regulated market of the report regarding the summoning of the company shareholders’ general extraordinary assembly, without publishing it in the NSC electronic bulletin, is grounds for absolute nullity of the general assembly’s resolution. The irregularity is ascribable to the defendant who must make sure that the summoning report is published in accordance with Law no. 297/2004.
(Decision no. 446, 13 March 2013, Timisoara Court of Appeal, 2nd civil division, appeal, request of annulment of the resolution of the general assembly’s resolution).

:: The Source: JURIDICE.ro

Irina Horodinca

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