Ordonanța președințială exercitată în ceea ce privește hotărârea adunării generale ordinare a acționarilor de revocare a unui administrator. Condiții de admisibilitate
The presidential ordinance exercised regarding the decision of the ordinary general meeting of the shareholders concerning the dismissal of an administrator. Conditions of admissibility

Summary/Abstract: The manager of a joint stock company may be revoked by the ordinary general meeting of shareholders, even in a discretionary manner, and he can not challenge that decision. In most of the cases in which a shareholder formulates an action for annulment / declaration of nullity of the decision of the ordinary general meeting of shareholders, revoking the administrator, the latter is joined by an application for suspension of execution of the aforementioned judgment, by way of Presidential Ordinance, pursuant to Art. 133 of the Law no. 31/1990 on societies. The majoritarian jurisprudence in such a matter is in the sense of the inadmissibility of the request for a presidential ordinance, given the incompatibility between the requirements referred to in Art. 997 of the Code of Civil Procedure (appearance of the law, the existence of an urgent case, the non-judgment of the fund) and the characteristics of a decision of the ordinary general meeting of the shareholders, revoking of the administrator of a joint stock company. However, there is also contrary jurisprudence, in which such requests for presidential ordinances are admitted.

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