The general director of a joint stock company that lacks working capital has entered into a loan agreement with a bank. In securing the loan, the director pledged the stock of JSCs.
Upon learning of this, a shareholder with a 15% stake, filed a claim for invalidation of the transaction, justifying his claim that, in accordance with the company´s charter, the general director does not have the right to make transactions for an amount exceeding 25% of the company´s stock.
Do the actions of the head of the company comply with the legislation?
Is it possible to otherwise resolve this situation if the loan agreement was concluded by the bank in which the current account of the JSC is opened?
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