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Exclusion of the associate versus company disolution

The High Court of Justice and Cassation ruled that the list of cases to exclude members of society partnerships, limited partnerships or limited liability made by the legislator in article 222 paragraph 1 of Law no. 31/1990 (Associate, in default, it contributes to that obligation; associate bankrupt or has become incapable; associate with the right mix without administration or contrary to article 80 and article 82 of law, associate administrator who commits fraud to the detriment of society or uses social signature or the benefit of capital for him and others) is not illustrative, but limitative. In this case, the High Court stated that assimilation of other conditions which attract members of society, except those provided by law, is not possible because if disagreements associated with a serious nature which prevents the society we are in the presence of a dissolution thereof, regulated separately by the legislature in Law 31/1990. (Decision no. 2393 from 9th of May 2012 pronounced in appeal by the Civil Departament II ofrom the High Court of Justice and Cassation having as object exclusion associated)

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

 

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