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Some aspects concerning the reorganization of companies within the context of the legal regulation in force

Author

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  • Ana-Maria Lupulescu

    (Bucharest University of Economic Studies, Law Department)

Abstract

The merger, division and separation of companies, within the meaning of Law no. 31/1190 republished, represent from a juridical point of view ways of reorganizing the companies with legal personality, through which there are accomplished, in an economic perspective, a number of strategic options for restructuring, rationalization of internal organization of the participating entities, the concentration of activities and capital in order to better respond to economic realities. Aware of the importance of these operations, the legislator has been working constantly to create a coherent legal framework adequate to achieve them, by simplifying the applicable procedure and eliminating any obstacles or constraints, at least of a legislative nature. Equally, given that companies governed by Law no. 31/1990 republished are legal persons, the juridical regime applicable to mergers, divisions and separations involving these companies has to be defined and interpreted in the broader context of the general regulation applicable to the reorganization of legal persons, as it is contained in the new Civil Code.

Suggested Citation

  • Ana-Maria Lupulescu, 2015. "Some aspects concerning the reorganization of companies within the context of the legal regulation in force," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 5(1), pages 60-68, June.
    • Handle: RePEc:asr:journl:v:5:y:2015:i:1:p:60-68
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    More about this item

    Keywords

    companies; reorganization; merger; division; separation;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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