220
ORCO
CH
CH
Art. 690 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte terza: Delle società commerciali e della società cooperativa ; Titolo ventesimosesto: Della società anonima ; Capo secondo: Diritti ed obblighi degli azionisti; J. Diritti personali inerenti alla qualità di azionista; I. Partecipazione all’assemblea generale; 4. In caso di proprietà collettiva e d’usufrutto
Art. 690 CO
Se un’azione è oggetto di proprietà collettiva, le persone che ne sono proprietarie possono esercitare i diritti che loro derivano dall’azione solo per mezzo d’un rappresentante comune.
L’azione gravata da usufrutto è rappresentata dall’usufruttuario; questi è responsabile verso il proprietario se non abbia equo riguardo agli interessi del medesimo.
Decisioni giudiziarie che applicano questa disposizione (12)
HG.2005.32.HG.2006.66 · sg (Art. 690 Abs. 1 OR)
Shareholder Consortium Standing and Void Resolution Regarding Unqualified Auditor
This provision was used to establish that the plaintiff, as a minority shareholder in the consortium, lacked individual standing to challenge the resolutions of the 2006 General Meeting, leading to the dismissal of that specific claim.
HSU.2025.14 · ag (Art. 690 Abs. 1 OR)
Defunct Board of Directors; Court Appoints New Members and Resolves Voting Rights
This article was applied to appoint a representative for the jointly held shares of the company.
2021.12.07.zr.1 · bl (Art. 690 Abs. 1 OR)
Recognition of Foreign Estate Appointment Denied Due to Pending Appeal
This provision is cited in relation to the exercise of voting rights by shareholders who are part of a community of heirs, requiring a common representative to be appointed.
C/14716/2014 · ge (art. 690 al. 1 CO)
Heir's Appeal on Shareholder Meeting Resolutions Dismissed Due to Lack of Standing
Cited in the reasoning to establish that the rights attached to the jointly held shares could not be exercised due to the lack of a common representative, impacting the majority calculation.
C/19895/2018 · ge (art. 690 al. 1 CO)
Appeal Concerning Provisional Measures to Suspend Settlement Agreement Based on Allegedly Invalid Corporate Representation
Cited in the reasoning regarding the representation of joint ownership of shares at the general assembly.
C/9030/2018 · ge (Art. 690 al. 1 CO)
Shareholder Dispute Over Board Election Validity and Provisional Measures
Cited in the reasoning regarding the exercise of rights by joint owners of shares.
C/14716/2014 · ge (Art. 690 al. 1 CO)
Appeal Regarding Annulment of Shareholder Resolutions Due to Undivided Co-ownership of Inherited Shares
The decision was confirmed based on the violation of this article regarding the exercise of voting rights by co-owners of shares.
ML.2012.317 · vd (Art. 690 al. 1 CO)
Debtor's Appeal of Tax Payment Order Enforcement Rejected
Cited regarding the imposition of costs for the appeal proceedings.
HG.2005.32.HG.2006 · sg (Art. 690 Abs. 1 OR)
Shareholder Standing and Corporate Resolution Validity in Partnership Ownership
Cited regarding the procedural requirement for exercising rights from shares held in joint ownership (which was relevant to examining the validity of the May 29, 2006 resolution, even though the resolution was ultimately upheld).
HG.2005.32.HG.2006 · sg (Art. 690 Abs. 1 OR)
Shareholder Consortium Standing and Validity of Corporate Resolutions
Cited in the reasoning explaining why the shareholder (plaintiff) lacked standing for the action to contest the decision (though the action was ultimately converted to a declaratory judgment of nullity based on other grounds).
12.2005.184 · ti (Art. 690 cpv. 1 CO)
Appointment of Common Representative for Disputed Jointly-Owned Shares
The court explicitly cited this article as the legal basis for confirming the first instance decision to appoint a common representative for the undivided shares of stock.
12.2005.184 · ti (art. 690 cpv. 1 CO)
Dispute Over Common Representative for Undivided Bearer Shares Following Dissolution of Simple Company
This provision was the basis for upholding the appointment of a common representative for the undivided shares of the stock.