Относно неприсъственото решение на съдружниците в ООД (чл. 139, ал. 2 ТЗ)
About the Resolution in Absentia of the Shareholders in the Limited Liability Company (Art. 139, Para. 2 of the Commercial Act)
Author(s): Nikolay D. KolevSubject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Софийски университет »Св. Климент Охридски«
Summary/Abstract: The article analyses the legal nature and the conditions for validity of the resolution in absentia of the shareholders in the LLC. The resolution in absentia represents а multilateral agreement between the shareholders. Based on the argument that through the resolution in absentia the shareholders exercise the competence of the general meeting, the author concludes that the resolution in absentia could be appealed under the terms and procedure of Art. 74 of the Commercial Act and could not be qualified as null and void within the meaning of the Obligations and Contracts Act.
Journal: Съвременно право
- Issue Year: 2013
- Issue No: 5
- Page Range: 7-19
- Page Count: 13
- Language: Bulgarian
- Content File-PDF