The governance of groups under Albanian company law: what can be changed?
The governance of groups under Albanian company law: what can be changed?

Author(s): Jonida Rystemaj
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: company law; corporate groups; group liability; control group; equity group;
Summary/Abstract: Corporate groups are an emerging business structure that deserves further elaboration. They are much more encountered in an international context. To reflect this reality, company groups are given special attention in the Albanian company law. The introduction of a detailed regulation for corporate groups was a novelty for the Albanian company law, back in 2008 when it was passed. The experts engaged in drafting the law opted for two categories of company groups which were considered distinct and provided for different legal consequences for each category. This article aims at elaborating governance issues of these groups recognized by the Albanian legislation through an analytical approach of the provisions. First an introduction of the groups and the regulation in the ACL will take place. Then specific considerations as regards governance issues will be further elaborated in order to pinpoint any need for further improvement. Finally, the article concludes with a set of recommendations of what can be changed towards a better organization and governance of groups in Albania.

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