Monitor Prawniczy

no. 24/2022

The moment when compulsory and automatic redemption of shares against a consideration becomes effective

DOI: 10.32027/MOP.22.24.4
Kamil Jurkowski
Autor jest radcą prawnym przy Okręgowej Izbie Radców Prawnych w Poznaniu; ORCID: 0000-0002-6204-7619.
Abstract

The article analyses the issue of the moment when compulsory and automatic redemption of shares against a consideration in a limited liability company becomes effective. The views presented in the doctrine of commercial law in this respect are far from being convergent. The analysed issue is important both from the point of view of the company the shares of which are redeemed, as well from the point of view of the shareholder concerned. The quickest possible compulsory or automatic redemption is usually in the interest of the company itself and its other shareholders. The continued presence in the company of the shareholder whose shares have been redeemed may threaten its existence of or destabilize the functioning of the company. The analysed issue is important also from the point of view of the correct determination of entities authorized to exercise equity rights, including in particular the right to vote at the shareholders' meeting. From the point of view of the interests of the shareholder whose shares are redeemed, the analysed issue is important as it allows to determine the moment when the shareholder should receive the redemption fee