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On the dissolution of the limited liability company. Disagreement of the shareholders

Author

Listed:
  • Cristina Cojocaru

    (Department of Law, Bucharest University of Economic Studies, Romania)

Abstract

The limited liability company, similar to the general partnership is set up and functions on the grounds of the trust between shareholders. Therefore, this type of company has an intuitu personae character, just like any company of persons. The limited liability company operates as long as the conditions laid down by law are met, and if any or more causes leading to the improper operation of the company, it shall dissolve. One of the dissolution cases is that stipulated by articles 227 paragraph (1) letter e) of Law no. 31/1990 – the dissolution by court decision respectively – when the dissolution cannot be decided following a decision of the general meeting – on solid grounds, which can be misunderstandings between the shareholders. Such misunderstandings are not by themselves enough to lead to dissolution, but it is necessary for them to determine the improper operation or lack of any company’s operation.

Suggested Citation

  • Cristina Cojocaru, 2018. "On the dissolution of the limited liability company. Disagreement of the shareholders," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(3), pages 712-718, December.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:3:p:712-718
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    More about this item

    Keywords

    limited liability company; the Romanian Law; dissolution; affectio societatis.;
    All these keywords.

    JEL classification:

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

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