THE OFFENSE OF RECEIVING OR PAYING DIVIDENDS ILLEGALLY, PROVIDED BY ARTICLE 2721 B) OF LAW NO. 31/1990 ON COMPANIES
THE OFFENSE OF RECEIVING OR PAYING DIVIDENDS ILLEGALLY, PROVIDED BY ARTICLE 2721 B) OF LAW NO. 31/1990 ON COMPANIES

Summary/Abstract: On July 15, 2018, Law no. 163/2018 for the amendment and completion of the Accounting Law no. 82/1991, the amendment and completion of the Company law no. 31/1990, as well as for the amendment of Law no. 1/2005 on the organization and functioning of cooperation. The purpose of this normative act was to also allow for the distribution and allocation of dividends quarterly, based on interim financial statements, and not only annually, based on annual financial statements. This modification imposed, as was normal, the modification of the incrimination norm from Article 2721 b) of Law no. 31/1990, which regulates the offense of receiving and paying illegal dividends. In this paper I have proposed an analysis of the norm of incrimination provided by Article 2721 b) of Law no. 31/1990, by reference to the modifications brought by Law no. 163/1990 and the implications of these changes on how the offense of illegally recieving and paying dividends is criminalized, emphasizing certain practical aspects of this indictment rule in the new regulation.

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