The moment of birth of the payment obligation relates to the date of the last approved balance sheet, existing at the time of death of the shareholder. Deceased shareholders rights should be established in the same way as those of the shareholder excluded or of the one withdrawing from the Company and they should be reported to the real value, of market, of the assets at the time of the death, not their value as found in the accountant balance. “
Thus, as has been detained in jurisprudence, “the right of the heirs to be paid the value of the shares is born by law and represents the cover damage made through loss of property of the shares by the author.
In case of death of the shareholder, the company is required to pay the shares to the successors, according to the last approved balance sheet. The text of the law is explicit in terms of how to quantify the value of the shares, and the intention of the legislature is to prevent abuse of the Company against the heirs, who are unable to control how the Company is administered. “
The rights of the deceased shareholder should be established in the same way as those of the shareholder which is excluded or withdraws himself from the Company and they should be reported at the fair value of the assets at the time of death, not their value as found in the balance sheet.
The last approved balance sheet balance must be understood as the approved balance sheet for the fiscal year prior to the death of the associate.
Balance approvals made by the remaining shareholder after the death of the shareholder cannot stand when calculating the shares of the deceased shareholder, because they include the capitalization of acts and deeds happened after the death, which is not natural to have any influence on the extent of the rights of a deceased person.