Atragerea răspunderii membrilor organelor de conducere şi a altor persoane pentru intrarea în insolvenţă a debitorului

IOAN ADAM

Prof. univ. - Facultatea de Drept, Universitatea "Transilvania" din Braşov

Avocat - Baroul Braşov

ABSTRACT

The provisions of Article 169 of the Law No 85/2014 on the procedures for preventing insolvency and for insolvency regulate the responsibility aimed at covering the debtor’s liabilities in case its assets do not satisfy all the claims of its debtors. The mentioned legal provisions regulate expressly determined cases in which either the members of the supervisory bodies, or the members of the management bodies of the legal person which is in a state of insolvency or any other person that has caused the state of insolvency may be obliged to cover a part of the liabilities of the insolvent debtor, provided that the activity they carried out has led to the insufficiency of the available cash funds from the patrimony of the debtor legal person.

In relation to the...