Company Law, Capital Company, Social Participations, Fiduciary Heading, Court of Cassation, I Civ. Sec., Order n. 3656 of 14/02/2018

The Sec. 1 stated that in the case of fiduciary registration of shareholdings, the trustee, who laments that the definitive exit from the trustee company, following the failure to exercise the option right, depends on the falsity of the balance sheet, prepared by the directors and submitted to the shareholders’ meeting for the abatement and reconstitution of the share capital, pursuant to art. 2447 of the Civil Code, is entitled to carry out the individual action of the third party pursuant to art. 2395 c.c. for the compensation of the damage directly caused to him by the injury to the right to the retransfer of the social participation.

Source Supreme Court of Cassation