9. Excluderea unui asociat. Condiţii de admisibilitate, din perspectiva dispoziţiilor art. 222 alin. (1) lit. c) din Legea nr. 31/1990
9. Exclusion of a shareholder. Admissibility conditions, in terms of the provisions of art. 222 para. (1) letter c) of the Law no. 31/1990

Summary/Abstract: The provision of article 222 paragraph (1) letter (c) of Law no. 31/1990 establishes as grounds for exclusion the situation in which a shareholder whose exclusion is requested in court has the capacity of unlimited liability shareholder. If the company wherefrom the exclusion is requested is a limited liability company and the shareholder whose exclusion is requested is a limited liability shareholder, the premise of article 222 letter (c) – concerning an unlimited liability shareholder who unduly gets involved in administration or breaches the provisions of articles 80 and 82 – is not applicable, as the foregoing is only incidental to partnerships: general partnership and limited partnership, whose partners bear unlimited liability, including on their personal property; it does not apply to mixed companies, capital and persons companies, whose shareholders have their responsibility limited to the subscribed capital.

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