News
The favorable vote to the request of a loan does not oblige a company’s member
- 20/02/2018
The favorable vote expressed by a member of a limited liability company in the course of a meeting where the request of a loan to the members is approved, does not oblige him to make that loan.
With Judgment of 15th June 2017, the Court of Milan (Sezione Specializzata in materia di imprese) has then quashed the injunction obtained by the company against the member who did not provide the loan.
The Court has then stated that there exists an obligation upon a member only when, after the vote (be it favorable or not) expressed in the meeting where the request of a loan is approved, he has later undertook, with a new and separate declaration, to lend that amount of money.
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