Judgement analysis: Court orders to pay dividends to minority shareholder

This recent ruling was handed down in the context of a legal proceeding to claim the distribution of profits, brought by a minority shareholder. The Court recalls the requirements for challenging corporate resolutions that have been imposed abusively by the majority, and affirms that the shareholder’s right of separation in the event of non-distribution of dividends recognised in Art. 348 bis of the Capital Companies Act (LSC) is optional and compatible with other actions, such as challenging the resolution adopted with abuse of the majority, so that the minority shareholder can opt for the legal action that best satisfies their claims.

The main interest of the Judgement lies in the full confirmation of the Provincial Court’s decision to order the company to pay dividends at a certain percentage.

Consult the analysis of the Judgment drafted by our Civil Litigation department to find out all the details.

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