On the de Facto Director of a Romanian Limited Liability Company
On the de Facto Director of a Romanian Limited Liability Company

Author(s): Cristina Cojocaru Borovina
Contributor(s): Catalin-Silviu Sararu (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: director; de facto director; limited liability company; management body
Summary/Abstract: The study is focused on the existence of the de facto director of a limited liability company. The matter is analysed starting from a case from the recent judiciary practice, in which the courts of law issued different decisions on the lack of capacity to stand trial invoked by the shareholder who, at the time, exercised only in fact the management of the company. In order to establish the consequences of the existence of a de facto director for the company and for third parties, the article provides an overview on the appointment of the director, his duties and on the implications related to his responsibility.

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