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In the presence of a preventive criminal seizure of shares, the legitimacy of the seized shareholder to contest the shareholders' meeting resolution for annulment defects must be excluded concurrently with that of the judicial custodian.

In judgment No. 5700 of 11 September 2023, the Company Section of the Court of Appeal of Rome held that, in the presence of a preventive criminal seizure of shares, the legitimacy of the seized shareholder to contest the shareholders' meeting resolution for annulment defects must be excluded on a concurrent basis with that of the judicial custodian. Only the latter, in fact, is entitled to exercise the voting right to which the legitimacy to contest the shareholders' meeting resolutions is inseparably linked, otherwise the requirements of preservation and administration of the shares underlying his appointment would be sacrificed.