Retaining a claim of the debtor's associate consisting of dividends. Objection to the preliminary schedule of claims Cover Image
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Reţinerea unei creanţe a asociatului debitoarei constând în dividende. Contestaţie la tabelul preliminar de creanţe
Retaining a claim of the debtor's associate consisting of dividends. Objection to the preliminary schedule of claims

Author(s): Andreea Tabacu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Law no. 85/2014; Insolvency;

Summary/Abstract: The dividend distributed but not paid is a claim of the shareholder against the debtor, which may justify inclusion in the list of creditors if the requirements of Article 5, paragraph 19 of Art. 102 of Law no. 85/2014. At issue is a claim prior to the opening of the proceedings, which is based on a resolution of the General Meeting of Members and accounting documents, verified by the insolvency practitioner, so that it cannot be held that a member cannot be entered on the creditors' list with the amount of the dividend distributed prior to the opening of the proceedings.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 173-183
  • Page Count: 11
  • Language: Romanian
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