Lawyer for exclusion of an SRL shareholder in Bucharest
Is an associate not fulfilling their obligations or are there suspicions regarding the use of company assets for their own benefit? We analyze whether the facts can support a request for exclusion and what alternatives are suitable to protect the company.
Description
Lawyer for exclusion of an SRL shareholder in Bucharest
Is an associate not fulfilling their obligations or are there suspicions regarding the use of company assets for their own benefit? We analyze whether the facts can support a request for exclusion and what alternatives are suitable to protect the company.
Exclusion presupposes a concrete basis.
Excluding a shareholder from a Romanian limited liability company (SRL) requires specific statutory grounds. Personal conflict or loss of trust alone is insufficient. We assess the parties’ legal status, the alleged conduct and supporting documents, including whether the grounds in Article 222 of the Companies Law apply.
What the file analysis entails
- Verification of the constitutive act and the current structure of the associates.
- Separation of the associate status from the administrator position.
- Analysis of the contributions, operations and damages invoked.
- The preparation of the procedural position of the applicant or the associate against whom the request has been filed.
- Evaluation of the patrimonial consequences and of the other necessary steps for the company.
Documents for the first consultation
Prepare the updated articles of incorporation, the information from the trade register, the resolutions of the general meeting, the evidence of contributions and the records regarding the disputed transactions. Financial statements, contracts and correspondence that you have legal access to are also useful. If there is already a lawsuit, send the received request and proof of communication.
What objective are you pursuing?
Removal from management, your own withdrawal from the company, compensation for loss and exclusion are different objectives. The objective must be chosen before drafting the claim so that the evidence and remedies sought address the specific issue. Legal assistance may cover the initial assessment, negotiation of a solution or representation in litigation.
Frequently asked questions
Can the majority exclude the associate through a simple vote?
Do not treat a vote at a general meeting of shareholders as equivalent to a court judgment excluding a shareholder. We assess the applicable procedure and what the meeting can lawfully decide.
Does removal as a director mean losing your shares?
The role of director and shareholder status must be assessed separately. Ending one does not automatically end the other. For changes to the company’s management, see our service for revocation of the administrator of the SRL.
Can the partner subject to the request be assisted?
Yes, after verifying the conflicts of interest. We analyze the facts invoked, the available evidence and defenses, without making any promises regarding the solution.
How we start the collaboration
During the scheduling, they mention what you are pursuing, what documents you have received and whether there is a close deadline. After verifying the documents, we discuss the options, the evidence, the risks, and the proposed services. The consultation, drafting, and representation are established through a legal assistance contract; the fee depends on the complexity and the stage of the case.
Lawyer Constantin Andor, in the bar since 2000, has a law office since 2007. the law office is located in Bucharest and receives requests from all over Romania; the working method and representation are determined for each case. We contractually collaborate with lawyers and, depending on the case, with experts.
Call: 0732.710.701 · Contact us on WhatsApp · Request a consultation. Confidential documents should be sent using the method agreed with the law office.
