Nenhum texto impõe o lugar para a reunião da assembléia geral da sociedade limitada no novo Código Civil
Autor | Robson Zanetti |
Cargo | Mestre e doutorando em Direito Privado pela Université de Paris 1 Panthéon-Sorbonne. Especialista em Direito Privado pela Università degli Studi di Milano. E-mail: robsonzanetti@yahoo.com.br |
O Código Civil ao estabelecer a obrigatoriedade da realização anual da assembléia geral dos sócios, ao menos para a aprovação anual das contas, não estabelece o local onde essa assembléia deverá ser realizada.
Como esse ponto é omisso no novo Código Civil, os sócios podem prever no contrato social o local de sua realização, mas, existindo silêncio no contrato, a convocação de uma assembléia geral da sociedade limitada pode, para o caso de co-administração, ser realizada por cada um dos administradores e se houver conflito entre os co-administradores com relação ao local onde será realizada a assembléia, o local deverá ser o da sede da sociedade..
A designação do local da sede da sociedade se dá em virtude da aplicação subsidiária da lei de sociedades anônimas, mesmo no caso onde não existir previsão estatutária para essa aplicação em virtude da aplicação das normas referente à sociedade simples, porque as normas referentes a sociedade simples são omissas nesse sentido e assim aplicar-se-á, de forma subsidiária, num terceiro momento, a lei das sociedades anônimas. Esse terceiro momento...
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