As a general rule, the Company Law provides that shareholders may challenge a resolution of the shareholders' meeting which infringes the law or the company's by-laws provided that (a) they did not attend the meeting or (b) if they attended the shareholders' meeting, then they (i) voted against such resolution and (ii) requested that their negative votes be explicitly noted in the minutes of the shareholders' meeting. The resolution may be challenged within 15 calendar days from the date of its publication in the Official Gazette. Concurrently with filing the claim against the resolution, the interested shareholder may request the court to issue an injunction order (ordonanta presedintiala) whereby the resolution be brought to a stay of execution. The injunction order may, nevertheless, be issued conditional on the petitioner paying a cash deposit. The injunction order may be appealed within five calendar days as of its issuance.
