Cesiunea părţilor sociale sau retragerea asociatului din societatea cu răspundere limitată?

Lector univ. dr. Luminiţa TULEAŞCĂ

Facultatea de Drept, Universitatea Româno-Americană

Avocat

ABSTRACT

The paper will analyze the issues relating to the distinct regulation of the main cause of losing the shareholder status in a limited liability company, namely the transfer of shares and the withdrawal of a shareholder from the company.

In practice, it is essential to correctly qualify the manner in which a shareholder withdraws from a limited liability company, the transfer of shares or the shareholder’s withdrawal, and in this paper we aim to clarify the landmarks of this operation and to highlight the importance of the distinction made between the two causes of losing the status of shareholder in a company.

We will also analyze certain aspects regarding the significance, basis and legal nature of the transfer of shares, as well as of a shareholder’s withdrawal from the company, the person against...