Part I
Manole POPA, Assistant, Brief comments on the ammendments of the Companies Law by Governmental Emergency Ordinance no. 52/1998
This paper analyzes the most recent amendments of the company law through art. I of the ordinance, except for those regarding transfrontalier merger and european company. The most important ammendments concern the simplification of the merger and division’s procedures and to increase the creditors’ protection in case of capital reduction. As creditors already had certain right in this respects, we shall analyse to what extent and in which situations the new provisions are applicable.
All these amendments are part of the European Union’s legislative efforts to create a modern, and flexible corporate legal frame aimed to make companies more eficient and competitiv.
The legislator took this oportunity to clarify the conditions in which a director of a company can conclude authentic deeds.
Keywords: right to represent, mandate of company directors, rights of creditors, guarantees, share capital
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