За колективното представителство на търговски дружества и кооперации от органен представител и прокурист
About Collective Representation of Commercial Companies and Cooperations by a Representative Body or by a Procurator

Summary/Abstract: The article examines the collective representation of companies and cooperations by their representative body or by a procurator. Analyzing the provisions of the First Directive 68/151/EIC and the Commercial Act the author comes to the conclusion that collective representation performed by a representative body or by a procurator does not influence the relations between the represented legal entity and third parties. In fact this representation restricts the representative authority of the body and the procurator, which could affect considerably the market security. Collective representation influences the inner relations of the legal entity and the body or the procurator. A reasonable position exists that there should be a legal prohibition of one and the same person to act as a representative body and as a procurator.

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