Success in the case for annulment and revocation of resolutions of the limited liability company’s shareholders’ meeting

News / 20.07.2016

The Court of Appeals in Rzeszow upheld the judgment of the Regional Court in Rzeszow, which dismissed the claim of a shareholder of a limited liability company against the company, represented by the law firm, to declare invalid and repeal the resolutions of shareholders’ meeting.

The court, dismissing the claim, found in particular that demanding the revocation of the resolution through the court, the plaintiff should demonstrate the existence of the statutory grounds necessary to revoke the resolution, in accordance with Article 249 of the Commercial Companies Code, and this demonstration should be specific and consistent. It is not enough to simply make allegations of violations of good morals or acting to harm a shareholder, but it is necessary to indicate precisely what good morals were allegedly violated, as well as to prove how these violations actually occurred.

This is another of the cases pending between the same entities, all of which have ended with a positive result for the company represented by our Law Firm.