SOME ISSUES REGARDING THE EXPERT REPORT REGULATED BY ARTICLE 136 OF LAW NO. 31/1990 ON COMPANIES
SOME ISSUES REGARDING THE EXPERT REPORT REGULATED BY ARTICLE 136 OF LAW NO. 31/1990 ON COMPANIES

Summary/Abstract: This study analyzes the right regulated by Law no. 31/1990 on companies1 (hereinafter “Law no. 31/1990”) of the shareholders to request the court to appoint one or more experts appointed to write an expert report to verify certain facts and operations of the management of a company, specifically indicated by the claimant and registered with the competent court. The provisions of article 136 of Law no. 31/1990 govern the conditions under which one or more shareholders may proceed with such a request: (i) the shareholder or the shareholders must hold, individually or jointly, at least 10% of the company's share capital; (ii) the facts and/or operations that are to be analyzed to be specifically indicated by the claimant in the proposed objectives. The expert report will be formally submitted to the board of directors and the supervisory board, as well as to the company's internal auditors or censors, in order to be analyzed and to propose appropriate measures.

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