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The application of the ordinary trial procedure to obtain an order revoking the common representative of the shareholders

Court of Brescia, 15 July 2020, Pres. Del Porto. Est. Busato

date: 09.10.2020
Area: Corporate, M&A

The common representative of the shareholders has a role both in internal relations with the co-owners and external relations with the company, applying the rules relating to an agent, as far as they are compatible. However, Article 2347 of the Italian Civil Code derogates from Articles 1105 and 1106 of the Italian Civil Code only with regards to the appointment of the common representative and does not regulate revocation and relative procedures. On this point, therefore, the Court of Brescia intended to specify that in the absence of a specific rule authorising the adoption of an ad hoc revocation measure following a Chamber of Commerce procedure, the decision on the revocation of the common representative of the shareholders can only be taken in the ordinary trial procedure, applying the rules laid down for the mandate.

The application of the ordinary trial procedure to obtain an order revoking the common representative of the shareholders

Court of Brescia, 15 July 2020, Pres. Del Porto. Est. Busato

date: 09.10.2020
Area: Corporate, M&A

The common representative of the shareholders has a role both in internal relations with the co-owners and external relations with the company, applying the rules relating to an agent, as far as they are compatible. However, Article 2347 of the Italian Civil Code derogates from Articles 1105 and 1106 of the Italian Civil Code only with regards to the appointment of the common representative and does not regulate revocation and relative procedures. On this point, therefore, the Court of Brescia intended to specify that in the absence of a specific rule authorising the adoption of an ad hoc revocation measure following a Chamber of Commerce procedure, the decision on the revocation of the common representative of the shareholders can only be taken in the ordinary trial procedure, applying the rules laid down for the mandate.