Methods of defense against defectively imposed obligation to pay additional contribution of a shareholder in a limited liability company
Abstract
The obligation to pay additional contributions is regulated ex lege only for a limited liability company. If the obligation to pay additional contributions is imposed defectively, the shareholder has two options to defend himself against it.
Specifically, a petition to declare the general meeting resolution invalid and the right of the shareholder to withdraw from the company for disagreement with the obligation to pay additional contributions (right to withdrawal). The aim of the article is to compare the above mentioned methods of defense against a defectively imposed obligation to pay additional contribution and evaluate their mutual coexistence.
The article also evaluated whether the protection of the shareholder thus determined is sufficient.