Abstract

The gloss discusses issues relating to the challenging of shareholders' resolutions by an administrative receiver in companies. The commented judgment of the Supreme Court rightly points out that where a receiver wishes to challenge such resolution, they should do so within the deadlines and according to the rules specified in the Commercial Companies Code for a shareholder whose shares have become part of the estate in bankruptcy. The Supreme Court was also right in finding that share usufructuaries and pledgees should be entitled to challenge shareholders’ resolutions as well. This entitlement is justified for systemic and purposive reasons.