The High Court of Cassation and Justice ruled that pursuant to art. 134 para. (1) of Law no. 31/1990, shareholders who disagree with the decisions of the General Assembly on changing the main object of the company have the right to withdraw from the company the shares they own, the average value being determined by an authorized expert. Therefore, once the requirements of Law no. 31/1990 are met, the shareholder’s right to withdraw from the society can be conditioned by express consent of the company in terms of purchasing shares from a shareholder who is entitled to withdraw. In this regard, the High Court held that the right of withdrawal is designed as a means of reconciling general interests of society, and is, itself, an intangible right that can not be limited or constrained by the society. (Decision no. 1761 of May 20, 2014 rendered the appeal of Section II of the Civil High Court of Cassation and Justice covering claims).
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