Glosa do wyroku Sądu Najwyższego z 6 czerwca 2018 r., III CSK 403/16, dotycząca niedopuszczenia wspólnika do udziału w zgromadzeniu spółki kapitałowej jako przyczyny stwierdzenia nieważności podjętych uchwał
Commentary on the Supreme Court Judgment of 6 June 2018, III CSK 403/16 concerning non-admission of a shareholder to participate in the meeting of a capital company as a reason for declaring the adopted resolutions invalid

Summary/Abstract: The commented judgment concerns the invalidation of the resolutions adopted at the general meeting of a company, in which representatives of a minority shareholder were unreasonably forbidden to participate. This issue, however, is related to a broader problem of significant importance for practice – the possibility of effective invalidation of a formally defective resolution of the shareholders, i.e. the adoption of which there was a breach of statutory provisions regulating the procedure of convening and holding shareholders’ meetings. The purpose of this article is to determine whether the unjustified prohibition of a shareholder from participating in the meeting, and thus preventing him from exercising his other rights at the meeting, in particular participation in discussions, the right to information, or finally voting, affects or at least may have an impact on the content and the taking of resolutions. Whether, however, the invalidation of a resolution is determined solely by the power of votes of the shareholder who is not allowed to vote.

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