CONTROVERSIAL ASPECTS OF THE ADMINISTRATOR’S DUTY OF CONVENING A GENERAL MEETING OF SHAREHOLDERS AND THE CONSEQUENCES OF BREACHING IT. SOLUTIONS OF JUDICIAL PRACTICE
CONTROVERSIAL ASPECTS OF THE ADMINISTRATOR’S DUTY OF CONVENING A GENERAL MEETING OF SHAREHOLDERS AND THE CONSEQUENCES OF BREACHING IT. SOLUTIONS OF JUDICIAL PRACTICE

Summary/Abstract: Starting from the ambiguous provisions of the Companies Act no. 31/1990 regarding the obligation to convene the general meeting of shareholders, our study captures some controversial issues arising in judicial practice regarding the date of convocation, the place of convening, who initiated the convening and the competent body to perform it as well as the content of the convener, initiating the consequences of not complying with the obligation-civil and penal liability of the administrator, as well as the wrong solution issued by the courts in cancelling the decision of the general meeting, in the context of the lack of a legal text containing expressly such a sanction.

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