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Withdrawal of the shareholder from the s.r.l. in the event of a reduction in the duration of the company: the recent ruling of the Supreme Court.

  • 21/03/2022

The Supreme Court, Section I, no. 6280 of 24.2.2022 held that, the resolution to reduce the duration of the company which entails the passage of the duration from indefinite to fixed term does not give the shareholder an independent right of withdrawal pursuant to the law in the same way as the rules laid down by art. . 2437, first paragraph, lett. e) of the Italian Civil Code, because this effect occurs only in the case of elimination of the causes of withdrawal provided for by derogable law and elimination of the additional withdrawal clauses specifically provided for by the articles of association, where permitted, hypotheses that do not apply in the case in question.

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