News
The object of the vote is missing in the minutes: the shareholders' resolution is invalid
- 15/03/2021
The Court of Appeal of Genoa, with decision no. 106/2021 issued on 29 January 2021, held that the shareholders' meeting resolution, inherent in the approval of the criterion for the allocation of the costs of replacing the water system, is invalid due to indeterminacy in the event that the relative minutes do not identify the object of the vote. This omission cannot be filled by resorting to the so-called hermeneutical criteria established by art. 1362 et seq. Of the Italian Civil Code, since such a resolution does not absolutely express a willingness to negotiate. Nor can this lack be made up for with recourse to witness evidence, having to ex art. 1136 of the Civil Code, the will of the assembly be documented.
NEWS
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