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High Court of Cassation and Justice. The associated administrator’s incapacity to contest a dismissal

The High Court of Cassation and Justice ruled that the associated administrator of a company cannot contest the decisions of the General Assembly of Shareholders, despite the quality of being either an associate, an administrator or a third party. The Court held that such a solution is explained by the fact that the associated administrator does not meet the requirements of art. 132 paragraph (2), (3) or (4)  of Law no. 31/1990, being unable to take legal action.

The Court also established that, since according to the provisions of art. 132 paragraph (4) of Law no. 32/1990, the associated administrator does not have the right to vote in the Shareholders’ Meetings regarding the administration, he cannot contest his dismissal. The appointment of new administrators or of a new director-general is a natural consequence of the dismissal. Conversely, the administrator’s right to contest the appointments would nullify the dismissal itself. (Decision no. 3915 of May 13th, 2013 rendered by Section II – Civil of the High Court of Cassation and Justice, seeking annulment of Shareholders’ Meeting decision)

:: The source: JURIDICE.ro

Andreea BANU

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