Organul administrativ şi reprezentarea legală a societăţii comerciale

dr. Sebastian BODU, MBA

avocat

Facultatea de Drept, Universitatea Româno-Americană

ABSTRACT

The bodies of the company are internal parts of the legal person through which it expresses its social will. The distinction between a legal entity and its organs can only be seen from within. Persons designated as members of a corporate body must be registered for advertising purposes. The legal representation of the legal person is the rule, unlike the legal representation of the natural person, where the exception is. The legal representation of the legal person comes from the shareholders and cannot be transmitted. What can be transmitted is a limited, conventional representation (proxy). The legal representatives of the legal person may be appointed exclusively from the members of its management body. The legal representation of the legal person is a legalized concept only with the new Civil Code, not previously existing in...