Проблемни въпроси относно приложението на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 ТЗ за вписванията на решенията на общото събрание в търговския регистър
Problematic Issues on the Application of Art. 140, para. 1 and 3 and Art. 231, para. 3 of the Commercial Law Concerning the Entry of the General Assembly Decisions in the Commercial Register

Author(s): Grigor Naydenov Grigorov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: limited liability company; joint stock company; General Assembly decisions; Commercial register; entry; entry into force; nullity
Summary/Abstract: Market security requires special provisions about entry into the Commercial register concerning merchants. These provisions encompass limited listed facts subject to entry. By reason of that if the fact is not subject to entry such entry is null. The main goal of the legislation is to protect the public interest by gaining genuine information about the merchants and their activity. The entry of facts in the Commercial register addresses the third parties acting in good faith. Even the Supreme Court of Cassation has interpreted the relevant provisions in a decision № 1/2002, they still are unclear. That’s why the subject matter of the report is the application of art. 140, para. 1 and 3 and art. 230, par. 3 of the Commercial Law (CL) concerning the entries in the Commercial register relating to the joint stock company and limited liability company. By practical reasons the report predominant deals with the application of art. 140, para. 1 and 3 CL. It is discussed whether the subject matter of the entry can be the General Assembly decisions and what is the meaning of "entry into force" according to the above-mentioned provision.

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