Condiţiile introducerii cererii de deschidere a procedurii insolvenţei de către administratorul societăţii comerciale debitoare

Lect. univ. dr. Marian BRATIŞ

Judecător - Curtea de Apel Timişoara

ABSTRACT

The right to decide the opening of the insolvency procedure, the choice of procedure, simplified or general, the designation of the representative responsible for introducing the application and the insolvency practitioner to be mentioned in this application, including the special administrator and the possibility that can safeguard the debtor company by implementing of a judicial reorganization plan are the prerogatives of the management bodies of the debtor, its organic law and the articles of incorporation and not of the administrator, whether shareholder or not, that is off the legal will of the company. It is imperative, in order to avoid the occult nature of such an application, that there is no doubt that the debtor company knows its insolvency status, that is intention is to submit...