When majority shareholders make corporate resolutions that do not serve the company’s interest, but have the sole aim of benefiting themselves to the detriment of minority shareholders, it contravenes the principles of good faith and fairness that must underpin the actions of the corporate bodies.
A recent arbitration award proved to be a milestone in the setting of limits within which majority shareholders can exercise their decision-making power.
The main innovation of the award was the recognition of the request by the applicants – clients of BBCZ Studio Legale – to prove abuse through presumptions and interpretations. This is a significant extension of the mechanisms to protect minority shareholders: the interest of the company emerges as an essential criterion for assessing the legitimacy of shareholder resolutions.
If this development is confirmed by case law, it could mean that companies and their deliberating bodies have to be much more careful in formulating decisions.
In the article on the front page of today’s Altalex, Attorney Maurizio Borra analyses the key points of the decision.
New legislation on domestic and gender violence in an article by Attorney Pier Nicolò Cecchin on the front page of the Altalex legal news portal.
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The Covid-19 health emergency has transformed the economic situation into what observers consider the worst financial crisis of the last two centuries. The global scenario, from both a production and financial perspective, has the dynamics of a…
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Lawyer Maurizio C. Borra, of BBCZ Legal Firm in Vicenza, has been selected as 2022 finalist in the twelfth annual edition of the Le Fonti Awards® in the following category: Professional of the year – special category.
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