A case study of the process of urgent proceedings in the lawsuits of commercial companies with a look at the judicial procedure

Document Type : Technical-Scientific

Authors

1 Student of Phd in Private Law In University of Judicial Sciences and Administrative Services-Judge

2 University of Tehran

Abstract

The institution of temporary order, which is also interpreted as urgent proceedings, is the institution that the petitioner requests from the court to prevent the violation of his rights in cases of urgency.
The provisions of this order are stated in articles 310 to 325 of the Civil Procedure Law and it is possible to implement it in the lawsuits of commercial companies.
Among the examples that can be mentioned in the field of lawsuits of commercial companies, the request to issue a temporary order to prevent the invitation of the ordinary general assembly of a joint-stock company, to prevent the issuance of shares in the capital increase of joint-stock companies, to prevent the issuance of shares of a private joint-stock company in Stock Exchange, preventing the issuance of share certificates or temporary share certificates in joint stock companies, preventing the issuance of share certificates or temporary certificates of anonymous shares in joint stock companies, preventing the arrangement of preferred shares in joint stock companies, preventing the publication of invitations Convening the second meeting of the ordinary general assembly in joint stock companies, preventing the distribution of annual special profits among the shareholders in joint stock companies, preventing the publication of announcements for inviting general meetings in joint stock companies, preventing the meeting of the board of directors in joint stock companies, They are aimed at preventing the capital increase of joint-stock companies, preventing the transfer of property and assets of the partners of the limited liability company, and preventing the distribution of benefits among the partners of the joint ventures.

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