10. Contract de împrumut încheiat de un administrator cu puteri depline în nume personal și în numele societății. Atragerea caracterului solidar al răspunderii
10. Loan agreement entered into by a director with full powers on his own behalf and in the name of the company. Attracting joint liability
Author(s): Nela PetrișorSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: company representation rules; director’s full powers; loan agreement binding effects; joint liability; limited liability company governance;
Summary/Abstract: In the matter of representing the limited liability company, the right to represent the company shall be conferred to each director, unless otherwise provided in the Articles of Incorporation, which means that each director exercises both categories of duties, namely of equity management and of representation, being able to conclude any legal documents on behalf of the company, according to law, which should bind it duly in its relations with third parties. Thus, in case of the conclusion of a loan agreement by one of the company directors having full powers, both on his own behalf and in the company name, it is correct to force the company, jointly with its director being a natural person, to return the loan.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 02
- Page Range: 70-75
- Page Count: 6
- Language: Romanian
- Content File-PDF
