Acţiune în excluderea asociatului, întemeiată pe dispoziţiile art. 222 alin. (1) lit. d) din Legea nr. 31/1990. Condiţii şi efecte

Action for the exclusion of the shareholder, based on the provisions of art. 222 para. (1) letter d) of the Law no. 31/1990. Conditions and effects

Abstract

According to the provisions of art. 222 para. (1) letter d) of the Law no. 31/1990, the shareholder-director committing fraud which prejudices the company may be excluded from the company.

Whereas the law distinguishes neither in relation to the size of the fraud, nor about the great number of fraudulent actions and in relation to the behavior of the culpable director after committing the fraud, his critique for the purpose of non circumstantiating the deed by the court has no normative support and, at the same time, conflicts with the trust item on which the business entities with individuals, the limited liability company and also this company which is a business entity with individuals and a capital...