THE LEGAL REGIME OF ADMINISTRATOR INCOMPATIBILITIES IN COMMERCIAL COMPANIES REGARDING COMMERCIAL ACTIVITY
THE LEGAL REGIME OF ADMINISTRATOR INCOMPATIBILITIES IN COMMERCIAL COMPANIES REGARDING COMMERCIAL ACTIVITY

Summary/Abstract: A company is an institution with an infrastructure in which the administrator plays a significant role; they must carry out their duties with objectivity, shielded from any internal or external interference. In this context, the institution of incompatibility was imposed, which we define as the legal prohibition against holding two positions or performing two functions simultaneously, even if not inherently contradictory, in order to ensure objective execution by the same person. Incompatibility is not uniformly regulated under Law no. 31/1990 , and involves different procedures and effects depending on the specific incompatibility case. Besides internal company incompatibilities, Romanian legislation also includes incompatibilities related to other positions and professions. Analyzing the quality of legislation in this field reveals shortcomings and inconsistencies that can only be corrected through legislative intervention capable of generating a flexible, clear, and high-quality law in line with constitutional standards. Lastly, we argue for the decriminalization of the offense provided by Law no. 31/1990 as a sanction for violating incompatibility rules.

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