Some Aspects Concerning the Setting up of Companies Regulated in Romania by the Law no. 31/1990 Republished
Some Aspects Concerning the Setting up of Companies Regulated in Romania by the Law no. 31/1990 Republished

Author(s): Ana-Maria Lupulescu
Contributor(s): Catalin-Silviu Sararu (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: setting up; legal personality; constitutive act; incorporation; the company under setting up
Summary/Abstract: The setting up of a company regulated by Law no. 31/1990 republished does not imply only the mere conclusion of a company contract as an expression of the agreement reached between associates, but in every situation requires a period of time, of variable length, for completing the steps and formalities imposed by the law in order to obtain the legal personality. Moreover, during the setting up period, until the incorporation in the Register of Trade, the company has a specific legal regime, because, although it does not have legal personality yet, it must conclude certain juridical preparatory acts, precisely for the purpose of its valid setting up as a distinct subject of law. In these circumstances, we consider that an analysis of the legal regulation on the setting up of companies with legal personality, contained mainly in the Law no. 31/1990 republished, but also in the Civil Code, may appear particularly useful, both for analysts in law and practitioners, especially since this analysis highlights certain aspects that present a particular importance in this process.

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