Successfully conducting a procedure for expulsion of a shareholder from an LLC
11.04.2013 | 2 comments | 141 views | Categories: Blog Filings with the Commercial Register
The expulsion of a shareholder from a limited liability company (LLC) is the main and most serious consequence resulting from the non-performance of his/her obligations – it is a severe sanction that should be used in exceptional cases only. This is also the understanding of the judicial practice, which is why courts very often grant statements of action filed on the grounds of Art. 74 of the Commerce Act – aimed at revoking the expulsion resolution of the General Meeting.
This is why it is very important that the expulsion procedure is conducted carefully, taking into… Read the article
Specifics in the termination of a membership in a General Partnership
10.12.2012 | 8 comments | 732 views | Categories: Blog Dissolution of Companies
I often receive in my practice inquiries regarding the General Partnership companies – mainly arising from the necessity to undertake steps for carrying out or registering certain changes in their membership. Quite often such inquiries relate to matters revealing various specific moments – mostly in comparison to the more common similar instances in terms of the limited liability companies (LLC).
Very often there isn’t sufficient legislative clarity and non-conflicting judicial practice to compensate for that. Moreover, views and conceptions expressed in the legal… Read the article
Is the deletion of an in-kind contribution from the Commercial Register permissible?
13.03.2012 | 2 comments | 383 views | Categories: Blog Filings with the Commercial Register
Very often in-kind (non-monetary) contributions are used when establishing a new company or when increasing the registered capital of an existing company – usually rights in rem over immovable property being subject to such contributions. The Commerce Act requires that the Articles of Association, the By-Laws respectively, contain the name of the contributor, full description of the in-kind contribution (its type and all distinctive features), its monetary value and the grounds for the contributor’s rights; for most companies the in-kind contribution needs to be entered into the Commercial… Read the article
Is it required to appoint a procurator when using maternity leave?
08.12.2011 | 2 comments | 438 views | Categories: Blog Filings with the Commercial Register
I very often assist my clients in procedures for entering into the Commercial Register of procurators of Sole Proprietors or single-person Limited Liability Companies. The procedures themselves are relatively simple and do not cause any particular difficulties. However, this is not the case when deciding whether or not a procurator needs to be appointed in the first place – as far as such steps are usually undertaken for reasons of social-insurance nature (in compliance with the requirements for becoming entitled to maternity benefits – for pregnancy and child-birth, child-care, etc… Read the article