Expirarea (duratei) mandatului administratorului societăţii (comerciale)

Av. conf. univ. dr. Luminiţa TULEAŞCĂ

Facultatea de Drept, Universitatea Româno-Americană

ABSTRACT

The issue regarding the effects arising from the termination of the administrator’s mandate has received different answers in the business practices and, in particular, in the case law, which requires doctrinal clarifications.

Our purpose hereby is essentially to determine whether, following the termination of their mandate, the administrator - representative of a company - keeps or not such capacity given that the company has not appointed another administrator nor has reappointed the initial administrator.

In such cases, does the termination of the administrator’s mandate lead to the termination of their mandate or is there a tacit extension of the mandate, respectively of the power of representation or (even) an apparent mandate?

Does the former administrator act as a manager for the company’s business if he is not a...