Cerere de deschidere a procedurii insolvenţei pentru o societate dizolvată potrivit Legii nr. 359/2004. Calitatea de reprezentant a lichidatorului

Abstract

Request to initiate the insolvency proceedings for a company dissolved under Law no. 359/2004. Liquidator’s capacity as representative

Application placed on the trial court file is prepared and signed by legal liquidator MD without the later to prove, according to a judge resolution, his/her capacity as representative of the company.

Replacing the liquidator appointed under Art. 252 of Law no.31/1990 can be done only by a resolution rendered by the appointed judge, as the report concluded between the appointed liquidator and the proposed one are not likely to produce the legal effects under Article 6 of the Law No.26/1990.

The fact that, before the first instance, in procedural terms, the request to initiate the procedure was endorsed by the liquidator appointed by the resolution no. 1040/2006 was also not proved.

- Legea nr. 26/1990:...