PATRIMONY LIQUIDATION IN THE CASE OF A COMPANY DISSOLUTION
PATRIMONY LIQUIDATION IN THE CASE OF A COMPANY DISSOLUTION
Author(s): Mircea-Iosif RusSubject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: trading company; dissolution; liquidation; market value; asset; liabilities;
Summary/Abstract: In the “life” of a company it happens that periods less favorable appear so that, sometimes, the respective company dissolution may occur involving the patrimony liquidation. Such activity requires going through several stages which consist in turning the company assets into active capital and the payment of all the debts and, should something remain, such excess will be divided among the shareholders. But there is a fact which should not be omitted, i.e. turning the patrimonial goods into active capital is not an easy activity as it may happen that the capitalization of such assets may be done at the liquidation value and not at the market value, that is a decreased value which may be much lower than the market value. And then, the asset value could be less than the liabilities value which means that the shareholders, instead of receiving money subsequent to the patrimony liquidation, would have to complete the amounts necessary to the full liquidation of the respective company’s liabilities. Preferably, one should not reach such a situation.
Journal: Fiat Iustitia
- Issue Year: 1/2022
- Issue No: 1
- Page Range: 109-114
- Page Count: 6
- Language: English