No action for avoidance may be brought if the general meeting has confirmed the voidable resolution by a new resolution and no action has been brought to set aside the resolution within the period for avoidance or the action for avoidance has been dismissed in a final and binding manner. Where the plaintiff has a legitimate interest in the voidable resolution being declared null and void for the period until the adoption of the resolution confirming it, then they may continue to pursue the action for avoidance with the objective of having the voidable resolution declared null and void for that period of time.
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Part 7 · Nullity of resolutions adopted by the general meeting and of the annual financial statements as approved and established. Special audit for impermissible understatement › Division 1 · Nullity of resolutions adopted by the general meeting › Section 244
Confirmation of voidable resolutions adopted by the general meeting
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