Societate pe acţiuni. Dreptul acţionarului de a se retrage din societate. Condiţii şi efecte

dr. Dragoş CĂLIN

consilier juridic

ABSTRACT

The right of the shareholders to withdraw from a joint stock company, in the event of a decision of the general meeting of the shareholders activating the procedure regulated by art. 134 of the Law no. 31/1990, with the consequence that the shareholder who disagreed with such a decision has received from the company the value of the shares in possession, at a value determined by an expert according to the legal procedure, is not conditional upon the consent being expressed of the company in terms of buying shares from the shareholder who has the right to withdraw.

Therefore, this right cannot be conditional on expressing the consent of the company from the point of view of buying the shares from the shareholder entitled to withdraw, due to the fact that the “offer to contract" in this case has its source in the decision of the general meeting of the...