of August 15, 2001 No. 19/449
Questions of corporate management as cognizance item
The Supreme Economic Court of Ukraine, having considered protest of the deputy attorney general of Ukraine on the resolution of 26.04.2001 of Arbitration Court of Kiev on case N19/449 on the claim of In..., V... strakhovaya kompaniya Ltd, software "And"... to Joint stock bank "C"... about recognition partially invalid decisions of general meeting "AB S..." of 07.08.2000, established:
In September, 2000 In..., V... strakhovaya kompaniya Ltd, software "And"... made in Arbitration Court the claim to Joint stock bank "C"... about recognition partially invalid decisions of general meeting of 07.08.2000.
Specified that AB S are shareholders "...". By the decision of general meeting of shareholders of the specified bank of 07.08.2000, except other questions, the chairman of the board was discharged of bank management To., it is appointed the acting as the chairman bank board K., elected vice chairman of the board of bank E. the commission for carrying out the complete analysis of activities of bank is created.
Referring to the fact that in defiance of Art. 43 of the Law of Ukraine "About economic societies" permission of the given questions was not included in the agenda of general meeting of shareholders of bank published in the press, shareholders asked to satisfy the claim: recognize the decision of general shareholder meeting on the specified questions invalid.
The claim was satisfied with the decision of Arbitration Court of Kiev of 26.09.2000.
The judgment is cancelled by the resolution of the same court of 26.04.2000 also the proceeedings stopped for the reasons of item 2 of the Art. of 80 AIC of Ukraine.
Performed verification of the decision, proceeding from requirements of the Art. of 92 AIC of Ukraine, the chairman of justices.
In protest the deputy attorney general of Ukraine puts question of cancellation of the court order of supervising instance and leaving of the judgment without changes, referring to the fact that the court of the second instance incorrectly applied regulations of the material and procedural law, unreasonably stopped proceeedings.
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