Probleme de guvernanţă corporativă în distribuirea profitului societăţilor prin răscumpărarea de acţiuni
Numărul 1 Anul 2014
In a comparative approach the paper deals with share repurchase as a manner of profit distribution and corporate governance dilemmas raised when a company elects this method for profit distribuiton. In case of American companies, share repurchases are a common practice, but it is arguable that it is able to ensure a fair treatment among different categories of shareholders and between shareholders and stakeholders. A fraudulent utilisation of sh...
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Răspunderea administratorilor şi asociaţilor pentru pasivul neacoperit al societăţii, în dreptul german al insolvenţei
Numărul 1 Anul 2014
A thorough analysis of German law in the field of personal liability of administrators and associates of insolvent companies. By means of this article, the author wishes to bring into attention of all readers relevant legislation, doctrine and jurisprudence in the field of insolvency from a highly developed economy such as Germany. Analyzing the most recent legislative innovations brought upon the German system by reforms can offer insight into...
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Critici aduse actualei instituţii a clasificării informaţiilor
Numărul 1 Anul 2014
In a previous article, we have analyzed the provisions of Law No. 182/2002 on protection of classified information, and its implementing norms, in order to outline the cases when, in a too easily manner, the access to public information is restricted by a simple unilateral decision to classify information, made by a public authority or institution.Under this article, we will explore the difficulties that at this moment exist in relation...
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Organizarea şi desfăşurarea adunării generale a acţionarilor societăţilor pe acţiuni admise la tranzacţionare
Numărul 1 Anul 2014
Conducting a General Meeting of Shareholders is a step in the mechanism of forming the corporate will and is regulated by rules of public order, their observance having the purpose of protecting the shareholders, the company and third parties, thus ensuring the stability of legal relationships.
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Elementele de validitate ale contractului de societate
Numărul 1 Anul 2014
As follows from the definition of a company, in contractual terms, a company is constituted by the conclusion, by two or more persons, of a contract (memorandum of association) which must meet all the substantive requirements for the validity of a legal act: consent, capacity, object and cause.
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