The Supreme Court in its recent resolution 27 Cdo 3437/2024 dated 3.6.2026 confirmed that a share in a limited liability company can be validly transferred already in the period between the establishment and formation of the companyThe fact that the share or company does not yet legally exist at the time of conclusion of the contract does not in itself mean that the contract is invalid due to the impossibility of performance.
The decision thus brings greater legal certainty for founders, investors and other persons, which set ownership relations in newly emerging companies, and confirms the possibility of effectively working with future asset values even before the company is established.
Are you dealing with the transfer of a share, the entry of an investor into a newly established company, or the setting up of ownership relations between partners? We will be happy to help you - do not hesitate to contact us.
