Italian company law provides for withdrawal right in case of perpetual duration of a corporation or a limited liability company. The last judg-ments of the Supreme Court have generally excluded the existence of this right when the duration of the company is very long, usually at year 2100. However, this is still an interesting topic, as case law about company’s durations longer than year 2100 tends to offer solutions that are probably inconsistent with the grounds of the legal reasoning adopted by the Supreme Court.
Gli ultimi sviluppi dottrinali e giurisprudenziali in tema di termine lungo e recesso ad nutum da società di capitali
Paolo Butturini
2023-01-01
Abstract
Italian company law provides for withdrawal right in case of perpetual duration of a corporation or a limited liability company. The last judg-ments of the Supreme Court have generally excluded the existence of this right when the duration of the company is very long, usually at year 2100. However, this is still an interesting topic, as case law about company’s durations longer than year 2100 tends to offer solutions that are probably inconsistent with the grounds of the legal reasoning adopted by the Supreme Court.
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