The Extent of the Principal of Permissibility of Dismissal of the Shareholder from the Company

Abstract

The right of the shareholder to remain in the company is one the basic rights they enjoy, which enables them to exercise the rest of their financial and non-financial rights, but for the interest of the company and the rest of the shareholders, it may require the sacrifice with the shareholder whom may object extending their term or cause by their actions to dissolve it, by dismissing them from the company so that it can continue its activity. Given that this solution deprives the shareholders from their most important rights, the legislator has made it the exclusive jurisdiction of judiciary, which took control over the causes and consequences of the dismissal.