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.

Article 96 of Law 85/2006 on insolvency proceedings was amended by Law 169/2010, published in the Official Journal of Romania, part 1, nr. 505/21.07.2010.This legal text regulates the category of essential providers. Unfortunately, this legal amendment hasn’t brought the answers expected by those who practice insolvency, respectively by this professional doctrine. Moreover, this law amendment brought up new questions on the category of e...