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2019, t. 2, nr 1 (3), poz. 8
2019, Vol 2, No 1 (3), item. 8
2019-06-21
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Suspension in the exercise of the right to participate in the general meeting of shareholders and the right to object to the adoption of resolutions without formal convening - a commentary to the Supr

The subject of the article is to solve the problem: does the suspension of a shareholder of a limited liability company from participating in the general meeting of shareholders mean that the suspended shareholder may not object to holding the general meeting without a formal convocation (Article 240 of the Code of Commercial Companies Code)? The author subscribes to the opinion of the Supreme Court, expressed in the judgement referred to in the title, that such a suspension causes an inability to object to holding an informal assembly. According to the author, the suspension of a shareholder from exercising the right to participate in the general meeting does not invalidate the right to object to holding an informal general meeting, unless the shareholder has been expressly suspended from exercising this right.


Keywords
: right to participate in the general meeting of the shareholders of a limited liability company; holding a general meeting without a formal convocation; the right to object to hold a meeting without a formal convening.


This article is published in Polish