News
Impediment to control: a director not attending a company’s meeting is not punishable
- 29/01/2018
Article 2625 of the Italian Civil Code punishes those directors who, by hiding the company’s documents or by means of other artifices, hinder or impede the execution of controls and inspections to be carried out by the shareholders.
With Judgment no. 2310 filed on 21st November 2017, the Court of Cassation has confirmed that the conduct of a director who does not attend a company’s meeting so that the required quorum is not formed, cannot be punished under article 2625 of the Civil Code.
That omissive conduct does not entail the hiding of documents. Also, it does not constitute an artifice, which requires a commissive conduct.
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