Joint stock companies having the local government as sole shareholder – some practical remarks in the case of Romania

Emõd Veress

Department of Law, Sapientia Hungarian University of Transylvania

Abstract

As a general rule, a joint stock company is based on a contract, therefore at least two shareholders are necessary to establish such a business entity. A sole shareholder joint stock company has an exceptional character, because it can be founded only by the state or by the local government. In the Romanian jurisprudence recently several important problems were raised regarding the operation of sole shareholder joint stock companies, therefore a detailed analysis of the court cases dealing with the representation of the interests of the sole shareholder and with judiciary control over the activity of such companies seems pertinent.

Keywords:

joint stock company, state as sole shareholder, local government as sole shareholder

Cãpãțânã, O., Societãțile comerciale, Bucharest: Lumina Lex, 1996.
  Google Scholar

Cãrpenaru, S. D., Tratat de drept comercial român. Conform noului Cod civil român, Bucharest: Universul Juridic, 2012.
  Google Scholar

Duțescu, C., Drepturile acționarilor, 3rd edition, Bucharest: C.H. Beck, 2010.
  Google Scholar

Georgescu, I. L., Drept comercial român, vol. II, Bucharest: All Beck, 2002.
  Google Scholar

Piperea, G., Drept comercial. Întreprinderea în reglementarea NCC, Bucharest: C.H. Beck, 2012.
  Google Scholar

Șandru, D.-M., Pacte societare. Clauze, pacte, înțelegeri între asociații societãților comerciale în reglementarea noului Cod civil, 2nd edition, Bucharest: Universitarã, 2012.
  Google Scholar

Veress, E., The State’s Role as Owner of Enterprises: Mandatory Rules of Corporate Governance in Romania, Pro Publico Bono: Magyar Közigazgatás, 2017/1.
  Google Scholar

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Published
2017-12-10

Cited by

Veress, E. (2017). Joint stock companies having the local government as sole shareholder – some practical remarks in the case of Romania. The Opole Studies in Administration and Law, 15(4), 69–84. https://doi.org/10.25167/osap.1233

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Emõd Veress 

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