Challenging of the resolutions of the General Shareholder’s Meeting (Hauptversammlung) of the German joint stock company (Aktiengesselschaft)

Abstract

Defective resolution of corporate entities should be nullified. It can, however, be detrimental for the safety of commerce. Under a German law one can distiguish two types of defective resolutions: whereas some are void ab initio, other are just voidable and their invalidity needs to be determined by court. German jurisprudence and scholars managed, to solve several issues, that in Poland are still regarded as contentious. Due to the fact that the influence of the German law in respect of invalidating resolutions adopted by the General Meeting can be traced in the Polish legal doctrine, the description of the German law is be legitimate.