Transferul acţiunilor într-o societate comercială

dr. Sebastian BODU, MBA

Avocat, Baroul Bucureşti

ABSTRACT

This article approaches the issue of the transfer of the property right over the shares of a company, concentrating especially on the sale transfer. There are also analyzed various forms of transfer based on the size of the stake, type of the company, finance of the transaction, as well as fiscal aspects. Declaration in the company’s registries is not a specific form of transfer, but a way of making the transfer opposable to the issuer, as a particularmethod of the registered bills. That means that the notice of the transfer in the issuer’s registry of publicity is not a validity condition, thus the registration has no constitutive effects. Registering of the transfer in the Trade Registry has, also, a publicity purpose towards all the other third parties, as well as a statistic purpose. Next, the article approaches the steps that comes during a sale, subject to the size of the...