Some Particularities Concerning the Administration of the Limited Liability Company
Some Particularities Concerning the Administration of the Limited Liability Company

Author(s): Ana-Maria Lupulescu
Subject(s): Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: limited liability company; administration; appointment of administrators; the termination of the mandate of administrators; the liability of administrators;
Summary/Abstract: From the point of view of the organization and functioning of the limited liability company, the legislator has chosen a mixed approach, combining some rules concerning companies of persons, particularly related to the presence of the intuituu personae element, with more formal and rigid rules enacted in the matter of the company by shares. With reference to the rules regarding the administration of the limited liability company, the law expressly states the inapplicability in this matter of the legal provisions governing the administration of the company by shares. On the contrary, in order to define the legal regime applicable to the administrators of this legal form of company, in addition to some special provisions enacted in the matter of the limited liability company, which are not sufficient to fully define such a statute, the legislator chooses to send to the provisions applicable in relation to the administration of the general partnership, emphasizing once again the mixed nature of the limited liability company and the similarities that exist, in certain respects, between it and companies of persons.

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