201609.20
0

Possibility for a shareholder to testify in court

Under Article 405 of the NCPC, anyone except for people who are incapacitated to testify, can be heard as witnesses.

Since Witness C holds only a quarter of the shares of the Company, he is not the one true owner of the company with which otherwise he would merge with and therefore is not, as a shareholder, party to the proceedings.

C is also not party to the proceedings as an administrator of the Company, since in the absence of delegation, he is unable to represent and embody the company on his own.

It follows from all the foregoing considerations that C is not unable to testify. (C.S.J . , 28/04/2016 , No. 39383 du rôle) .