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Company: the professional role of director is supposed to be burdensome
- 08/01/2019
Due to the presumption of burdensome of the mandate, the professional role of director of a company determines the right to remuneration, which is independent of an express agreement of the parties and from the request for liquidation by the administrator to the company administered during his office.
Any eventual inaction in that sense, therefore, cannot have any value of tacit renunciation. At most, it may have relevance for the purposes of the course of the ordinary terms of prescription. This principle was stated by the Sixth Chamber of Cassation with the ordinance no. 24139 filed on October 3rd.
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