ADUNAREA GENERALĂ A ASOCIAŢILOR. NATURĂ JURIDICĂ. FORME ŞI TIPURI. ATRIBUŢII
General Meeting of Shareholders. Legal nature. Forms and types. Duties

Summary/Abstract: In this article, the author presents certain considerations on the General meeting of Shareholders which represents a collectivity organized according to law, and which makes, subject to legality, resolutions needed for the existence and operation of the company. The structure and content of the study reveal the comments on the legal nature of the General Meeting of Shareholders, on the forms and types of general meetings, on the terminological distinction between ordinary and extraordinary meeting as regards the joint-stock company, on the lack of terminological distinction between meetings as regards the limited liability company, on the formal unity of the general meeting of shareholders of a company, describing as well, the duties of the general meeting, taking into consideration, on the basis of the above, the doctrine developed by certain famous names in the matter of law (Stelian Ionescu, M. A. Dumitrescu, Paul. I. Demetrescu, Marius Șcheaua, Sorin David, în Stanciu D. Cărpenaru, Sorin David, Cătălin Predoiu, Gheorghe Piperea, Octavian Căpăţînă, Constantin C. Bălescu, Flaminia Stârc-Meclejan, D. D. Gerota, D. Gălăşescu-Pyk, Lucian Bojin, I. L. Georgescu, Ap. Turin, Cornelia Lefter). Finally, the author formulates brief considerations regarding the fact that the lawmaker established all the important duties at the charge of one, respectively of the other form of general meeting, which means that it deliberately let the remaining issues slide, and allowed the shareholders to establish such a power in a statutory manner, when necessary.

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