Hotărâre AGA. Acţiune în constatarea nulităţii absolute. Divizare parţială asimetrică. Condiţii şi efecte

Abstract

The partial asymmetrical division for the benefit of the shareholders, in the sense of art. 250¹ of Law no. 31/1990 republished, although not ensuring the participation of the shareholders in all the companies involved in this operation in proportion with the shares held in the company which is divided, ensures for all shareholders, including those in minority, the possibility to express the option for all the companies involved in the division and for any number of shares, which must not exceed the number of shares originally held in the divided company.

Thus, with regard to this way of division, besides the rule according to which the shareholders must have the same participation share in the newly established companies as that held in the divided company, they can agree on other ways of distribution, with the observance of the number of shares they hold.

Keywords: atypical...