Acórdão nº 0079271 de Supremo Tribunal Administrativo (Portugal), 17 de Maio de 1994 (caso None)
Data | 17 Maio 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM - SOC COMERCIAIS.
Legislação Nacional: CSC86 ART347.
Sumário: I - Nos termos do artigo 347-1, Cód. Soc. Com., o contrato de sociedade pode impôr ou permitir que, em certos casos e sem consentimento dos seus titulares, sejam amortizadas acções. II - Estipula depois uma disciplina diferente consoante a amortização é imposta ou permitida pelo contrato de sociedade. Para o primeiro caso, dispõe o n. 4 e para o segundo o n. 5 deste mesmo preceito legal. III - No caso sub judice o pacto social da ré permite a amortização das acções. É, portanto, no n. 5 do artigo 347 que se tem de procurar a disciplina para a respectiva amortização. IV - Em assembleia geral da sociedade foi aprovada por unanimidade esta proposta: a) que um caso de arrolamento, arresto, penhora, venda ou adjudicação de quaisquer acções da E.L.A - Empresa de Laticínios dos Açores, S.A, sejam as mesmas amortizadas pela sociedade; b) que a amortização seja feita pelo valor nominal, cabendo ao Conselho de Administração, consoante as disponibilidades da sociedade deliberar se o pagamento é efectuado a pronto ou a prestações, neste caso até ao limite de quatro trimestrais e iguais. V - Na mesma data reuniu-se o Conselho de Administração da...
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