Универсално принудително изпълнение върху дружествен дял
Compulsory enforcement over LLC share in the liquidation or insolvency proceeding

Summary/Abstract: The current legal framework of the LLC provides the principle of vinculation of the shares. In that case the compulsory enforcement over LLC share is initially excluded because the lack of consent of the company to accept a new member cannot be overcome. In case of bankruptcy the participation shall be terminated (art. 125, para. 1, item 4 of the Commercial Act). At the same time, the bankruptcy legislator regulates a method for enforcement over LLC share (art. 718, para. 2 of the Commercial Act). The present article compares the regime for termination of the LLC participation with the regulation of compulsory enforcement over LLC share and reaches at the conclusion that such enforcement de lege lata is not possible.

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