ЛИПСАТА НА УЧРЕДИТЕЛЕН ДОГОВОР И НЕСЪСТАВЯНЕТО МУ В ПРЕДПИСАНАТА ОТ ЗАКОНА ФОРМА КАТО ОСНОВАНИЯ ЗА НЕДЕЙСТВИТЕЛНОСТ НА ТЪРГОВСКИТЕ ДРУЖЕСТВА
THE LACK OF ARTICLES OF INCORPORATION AND THE FAILURE TO DRAW THEM UP IN THE FORM PRESCRIBED BY LAW AS GROUNDS FOR THE NULLITY OF COMMERCIAL COMPANIES

Summary/Abstract: The article addresses the issue of the lack of аrticles of incorporation and the failure to drawn them up in the form prescribed by law as grounds for nullity of commercial companies in accordance with the provision of Article 70, paragraph 1, item 1 of the Commercial Law. In the light of Article 11, paragraph 1, figure "b", item „i“ of Directive (EU) 2017/1132 of the European Parliament and of the Council relating to certain aspects of company law (Directive (EU) 2017/1132) an attempt is made to clarify the hypotheses included in the ground that articles of incorporation do not exist and what exactly should be understood by this concept. Attention has been drawn to the question whether the articles of incorporation falls within the scope of the grounds for nullity of the transactions in view of the possibility of its nullity to be perceived as the lack of articles of incorporation in accordance with the provision of Article 70, paragraph 1, item 1 of the Commercial Law. For the sake of completeness, the issue of the lack of form of the articles of incorporation as a ground for nullity of companies under Article 70, paragraph 1, item 1 of the Commercial Law is discussed

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