Despre termenul de atacare a hotărârii adunării membrilor cooperatori dintr-o societate cooperativă
Discussions Regarding the Period for Suing a Decision of the Shareholders´ General Assembly of a Cooperative

Summary/Abstract: According to art. 44 par. (3) of Law no. 1/2005 regarding the organization and functioning of cooperation, the decisions of the general assembly which are contrary to the law or to the constitutive act can be sued within a 15-day period from the publication in the Trade Register by any of the shareholders who took part in the general assembly and voted against or who did not take part in the general assembly. The statutory period is debatable according to the nullity reasons that are invoked. In one opinion, the limitations period is generally applicable, regardless the reasons are for absolute or relative nullity. According to the contrary opinion, the statutory period is applicable strictly for cases of relative nullity reasons; as regards the absolute nullity reasons, these can be invoked anytime, according to art. 132 par. (3) of Law no.31/1990 on companies. The study analyzes the arguments in favor of each of the two opinions.

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