Dreptul de retragere al acţionarilor în societăţile pe acţiuni. Condiţii de fond. Condiţii de formă. Îndeplinirea cumulativă

The shareholders’ right of withdrawal in the joint stock companies. Substantive conditions. Formal conditions. Cumulative fulfilment

Abstract

As regards the shareholders’ right of withdrawal in the joint stock companies, the judge, after verifying the cumulative fulfilment of the substantive conditions regarding the shareholders’ vote and the subject matter of the General Meeting of Shareholders and of the formal conditions aiming at the submission of the notice of withdrawal and of the shares at the registered office of the company, provided for under art. 134 para. (1) letters a)-d) and para. (3) of Law no. 31/1990, it actually examines the case on the merits and rules on the merits of the right of withdrawal, and the defenses regarding the non-fulfilment of these conditions shall not represent a plea of inadmissibility of the application for withdrawal.

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