Transformarea asociației de tip PAS în asociație de drept comun
THE TRANSFORMATION OF ESP ASSOCIATIONS IN ORDINARY ASSOCIATIONS

Summary/Abstract: The transformation of non-profit legal persons, as a means of reorganization, has many peculiarities arising , especially, from the specific nature of their purpose. A special situation regardss the possibility of transforming an ESP association (Employees Share Program), established under Law no. 77/1994 on associations of employees and managers of companies to be privatized into an ordinary association, governed by O.G. 26/2000 on associations and foundations. Through this study we aim to answer the question whether an ESP association can become, by the will of the General Assembly, an association of common law. In this regard, we intend, firstly, to identify the reason the legislator has established the ESP association, and its peculiarities by capturing a few moments in its diachronic evolution, considering , in particular , the changes in legislation.In an attempt to determine the nature of purpose of the ESP association as well as and any obstacles that may occur in regard to the transformatio , we shall briefly analyze the opinions that have been shaped in the practice of the courts on the subject of this study.

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