REASON FOR PRIVATE COMPANY MEMBER EXPULSION BASED ON COURT DECISION

  • Stevan Šogorov Pravni fakultet u Novom Sadu
Keywords: regulation by memorandum of association, justified reason, reasons for expulsion, expulsion of member by court, private company,

Abstract


In Serbian post war law expulsion of private company member was regulated in same manner regardless of grounds for expulsion. According to 2011 Company Act there are two different procedures – one for expulsion based on members meeting decision because of non performance of contribution and other grounded on court decision for other reason. Second group of reasons are discussed in this article. Private company can sue for expulsion of member only if the reason for expulsion is stipulated in memorandum of association or if it is justified. Reasons declared as justified by the Act can not be examined by court.

Published
2012/10/01
Section
Original Scientific Paper