THE COURT OF CASSATION DEALS WITH THE “RUSSIAN ROULETTE CLAUSE” … AND DOES NOT DECIDE.
In a previous newsletter (on 09.04.2021) we had already written about the so called “Russian roulette” clause, which can be provided for in the company by-laws or in a shareholders’ agreement. It is – as already illustrated – a “deadlock-avoiding” clause, which means that it is aimed at providing in advance a mechanism that overcomes situations where the company’s operations could be blocked (the typical situation is when two shareholders, having the 50% of the stock capital each, are in disagreement, which implies the impossibility to approve the balance sheets or to renovate the corporate bodies).
