Exit rights of minority shareholders in a private limited company
Einde inhoudsopgave
Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/6.5.7:6.5.7 Against co-shareholders
Exit rights of minority shareholders in a private limited company (IVOR nr. 72) 2010/6.5.7
6.5.7 Against co-shareholders
Documentgegevens:
mr. dr. P.P. de Vries, datum 03-05-2010
- Datum
03-05-2010
- Auteur
mr. dr. P.P. de Vries
- JCDI
JCDI:ADS405199:1
- Vakgebied(en)
Ondernemingsrecht (V)
Deze functie is alleen te gebruiken als je bent ingelogd.
In order to be able to lodge a claim against a co-shareholder, the prejudicial conduct should be performed by that co-shareholder. Moreover, there should be a causal relationship (causaal verband) between, on the one hand, the prejudicial conduct and, on the other hand, the situation in which the continuation of a shareholding can no longer reasonably be expected.
The wording of Art. 2:343 paragraph 1 DCC does not seem to allow for exit proceedings to be started against a co-shareholder on the allegation that the shareholder is prejudiced in his interests by the company or by another coshareholder. Moreover, exit proceedings cannot be started against a person who is no longer shareholder.