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  1. 1 Jurkowski K.

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Umorzenie udziałów i akcji a możliwość wykonywania prawa głosu

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Jurkowski K.
Rejent
|
2024
|
issue 7 (399)
24-43
EN
The purpose of this article is to determine the impact of the resolution on redemption of shares and the occurrence of the event resulting in automatic redemption, on the admissibility of exerci-sing voting rights by shareholders of capital companies until the redemption takes effect. The ad-option of a resolution and the occurrence of an event does not have to be equivalent with taking effect by the redemption itself. Usually, certain period of time has to elapse between the adoption of the resolution on redemption or the occurrence of the event and the redemption to be final. In extreme cases, such period may last up to several years. During this period, we will be dealing with a state of suspension of the shareholder's situation. If the redemption will become final, person whose shares are subject to redemption will definitely lose the status of a shareholder. Therefore, it remains a fundamental issue to determine whether a shareholder whose shares are to be rede-emed may exercise his voting rights until the moment when redemption will take effect. In author opinion it is not possible for the shareholders to go beyond the statutory regulation in this regard. In consequence only in cases provided in article 30044 § 3 and article 360 § 4 of Commercial com-panies code shareholder can be deprived of the possibility of exercising his voting rights. Exception can be applied only to automatic redemption of shares in simple joint-stock company, by applying by analogy of article 360 § 4 of Commercial companies code.
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