Universal shareholders meeeting and public order (a comment on the Supreme Court Decision of 19 April 2010)

  • Aranzazu Pérez Moriones Universidad del Pais Vasco (UPV/EHU)
DOI: https://doi.org/10.18543/ed-59(2)-2011pp279-307
Keywords: corporation, universal shareholders meeting, requirements, public order

Abstract

Article 178 of the Spanish Companies Act regulates “universal shareholders meeeting”, that exists when a shareholders meeting doesn`t fulfill the requirements legally required under Articles 173 and following of the Companies Act, but it is considered called and formed if the whole share capital has met and all the shareholders have accepted the meeting unanimously. In Judgement 19th April 2010, the Supreme Court understands that failure to comply with the requirement of the presence of all the social capital violates the public order, which involves that social agreement doesn`t expire, so it can be challenged at any time. Thus, the Supreme Court makes a new contribution to the construction of the notion of “public order” in corporation sphere. 

Published online: 02 December 2014

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Author Biography

Aranzazu Pérez Moriones, Universidad del Pais Vasco (UPV/EHU)
Profesora Titular de Derecho Mercantil
Published
2014-12-02
How to Cite
Pérez Moriones, Aranzazu. 2014. “Universal Shareholders Meeeting and Public Order (a Comment on the Supreme Court Decision of 19 April 2010)”. Estudios De Deusto 59 (2), 279-307. https://doi.org/10.18543/ed-59(2)-2011pp279-307.
Issue
Vol. 59 No. 2 (2011)
Section
Case Law

Last update: 08/02/2022

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