ODLUKA SKUPŠTINE O PODNOŠENjU TUŽBE (POKRETANjU SPORA) ZA ISKLjUČENjE ČLANA DRUŠTVA S OGRANIČENOM ODGOVORNOŠĆU
DECISION OF THE ASSEMBLY TO FILE A LAWSUIT (INITIATE A DISPUTE) FOR THE EXPULSION OF A MEMBER FROM A LIMITED LIABILITY COMPANY

Summary/Abstract: The expulsion of a member from a limited liability company is one of the bases for the termination of membership in multi-member limited liability companies. The Company Law distinguishes between two procedures for the expulsion of a member from a limited liability company: 1) expulsion of a member by the decision of the assembly (so-called extrajudicial expulsion) and 2) expulsion of a member by court decision, depending on the reasons for the expulsion. The decision of the assembly to file a lawsuit (initiate a dispute) for the expulsion of a member from the company is, in Serbian law, a fundamental prerequisite for conducting litigation proceedings for the expulsion of a member when the company appears as the plaintiff. Although this decision represents only an initial act that creates the authorization to file a lawsuit for the expulsion of a member from the company, its detailed analysis opens up a range of significant issues. Regarding the decision of the assembly to file a lawsuit (initiate a dispute) for the expulsion of a member from the company, the paper analyzes several of the most significant issues: the legal nature of this decision and its connection with the content of the lawsuit for the expulsion of a member, issues related to the process of making this decision (the issue of competence, quorum, majority required for making a decision, persons authorized to vote on making this decision, the issue of who can initiate the making of this decision), as well as the issue of its content.

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