КРИТИЧКИ ПОГЛЕД НА ОПШТИ ДЕО ЗАКОНА О ПРИВРЕДНИМ ДРУШТВИМА РЕПУБЛИКЕ СРПСКЕ
THE CRITICAL REVIEW OF THE GENERAL part of THE LAW ON BUSINESS ORGANIZATIONS OF THE REPUBLIC OF SRPSKA

Summary/Abstract: The Law on Business Organizations from 2008 represented a qualitative regulatory leap compared to the company legislation of the Republic of Srpska that preceded it. Although conceptually the law is based on stable foundations, a more detailed examination of its provisions reveals numerous theoretical and practical issues. In this paper, the author will critically analyze the first part of the Law on Business Organizations, which is of a general nature and applies to every form of partnerships and companies. Specific critiques will be directed at the legislative regulation of the basic elements of individualization of a business organizations (activities and business name), the nullity of the company, shareholders’ agreements, piercing the corporate veil, representatives, and corporate duties. The aim of the paper is to propose solutions that would better suit business practice. In this way, numerous ambiguities in the current text would be eliminated, and legal certainty would be raised to a higher level.

• Details
• Contents