НЕДЕЙСТВИТЕЛНОСТ НА ТЪРГОВСКО ДРУЖЕСТВО ПРИ НЕВНАСЯНЕ НА ПРЕДПИСАНАТА ОТ ЗАКОНА ЧАСТ ОТ КАПИТАЛА
NULLITY OF A COMMERCIAL COMPANY IN THE EVENT OF FAILURE TO MAKE A CONTRIBUTION IN THE LEGALLY PRESCRIBED PART OF THE CAPITAL

Summary/Abstract: The subject of this article is the failure to make a contribution in the legally prescribed part of the capital upon the incorporation of a commercial company as ground for its nullity according to the provision of Article 70, paragraph 1, item 6 of the Commercial Law. The question of the part of the capital which should not have been paid up in order for this ground of nullity of commercial companies to apply is examined. Attention is drawn to the relationship between the failure to make a contribution in kind and the nullity of commercial companies, answering the question of which defects and the infringement of which elements of the de facto composition of the in-kind contribution may lead to the nullity of the company due to the failure to make a contribution in the legally prescribed part of the capital. In this connection, the question of the invalidity of the non-monetary contribution and the application of the provisions on the invalidity of transactions under the Obligations and Contracts Act to the the in-kind contribution as a transaction is also considered.

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