The (alleged) non-derogability of the criteria for liquidating shareholdings in the case of by-laws withdrawal


Demetrio Maltese, Pubblicazioni

It is possible for the bylaws of a corporation to deviate from the legal criteria for determining the value of shares when exercising the right of withdrawal in the event of a conventional exit?

Demetrio Maltese, Notary & Founding Partner of FM Notai, seeks to provide a positive answer to this question in his contribution just published in issue 6/2022 of *Giurisprudenza Commerciale*.

In drafting his reflections, the exchange with Filippo Annunziata, Mario Notari, and Marco Ventoruzzo proved particularly valuable.

The inspiration for this contribution came from the (perhaps too!) long discussions with Casimiro Antonio Nigro on the topic of (shareholders’ agreement-based) prior waiver of the right of withdrawal. Special thanks, of course, also go to him.