One of the partners of our Limited Liability Company (LLC), who did not inform me about his change of address, reproaches me, as manager of the company, for sending him a convening notice to a general meeting at his former address, the one indicated on the Kbis extract (certificate of incorporation) of the company. And he plans to seek in court the annulment of this general meeting in which he did not participate by availing himself of the irregularity of the convening notice. Does his action have a chance of succeeding?
Normally no. It is up to the partner who changes the address to inform the manager of the company. If he does not do so before the convening notice to a general meeting is sent, he can hardly complain that he did not receive the notice. And the convening notice sent to his last known address by the company cannot be considered irregular by a judge.
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