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HCCJ. Additional act to the articles of incorporation. Action for the declaration of absolute nullity

The High Court of Cassation and Justice decided that, nullity of a legal act can be found if there are invoked grounds for revocation related to the act in cause and which are fundamentally affecting its existence. In this case, however, in an action for nullity of an additional act to the act setting up the company, the grounds for revocation put forward by the applicant were not related to the way in which the act was completed but were related to how the decision was adopted by the general meeting of shareholders. As a result, the High Court held that the appeal court correctly solved the case under the exception of lack of locus standi, in relation to the current lack of interest of the applicant in promoting the action. (Decision no. 3440 of 6 November 2014 rendered in appeal by The Second Civil Division of The High Court of Cassation and Justice, covering absolute nullity of the additional act)

:: The Source: JURIDICE.ro

Anda Laura TĂNASE

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