Modificarea actului constitutiv al societăţilor aflate în procedura de reorganizare

Dr. Dragoş CĂLIN

ABSTRACT

In the case of a company in the framework of the judicial reorganization procedure, for the smooth running of the procedure and in order to successfully close this procedure, it is possible to identify the need to amend the constitutive act of the debtor; this corporate event can be achieved by carrying out, in this special situation, two complementary legal procedures, specific to corporate law and insolvency law; in other words, such a change must go through both the company’s internal procedure, to change some clauses in the articles of incorporation, and the specific insolvency procedure, to change, in part, the reorganization plan, a change identified, in the case of this study, in the effective change of some clauses of the constitutive act, so that they can produce their intended legal effects.

Keywords: the judicial reorganization procedure, amend the constitutive act, the...