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1. What acts are needed to register a company?

· The conclusion of the constitutive act

· The incorporation of the company in the Register of Trade

· The publicity of the company’s formation

· The irregularities concerning the setting up of companies

2. When are general assemblies of associates/shareholders held (LLC/joint stock)? What is the
quorum/majority needed in order to take a decision in an ordinary/extraordinary general assembly
of shareholders?

General Assembly Joint Stock Company: decide all the other bodies and their powers.

· The ordinary general assembly: convened at least once a year, within 5 month as from the
end of the financial year.

With a view to ensuring the validity of the proceedings of the ORDINARY MEETING, IT IS
NECESSARY TO HAVE the shareholders attending it representing at least ¼ of the registered capital
and the decisions be made by the shareholders representing the ABSOLUTE MAJORITY.

· The extraordinary general meeting: convened whenever a decision is necessary to be


made for.

Upon the first convening, the attendance of shareholders representing at leas ¼ of the registered capital
and the decisions to be made with the vote of the majority of those present or represent.

Upon the subsequent convening, the attendance of shareholders representing at leas 1/5 of the registered
capital, and the decisions to be made with the vote of the majority of those present or represent.

General Assembly Limited Liability Company: once a year, as many times as necessary,takes decisions
by the vote of the absolute majority of the associates and of the participating shares.

3. Explain what are the conditions and what is the procedure in order to exclude a shareholder from
a joint stock company?

The exclusion cannot be applied for the shareholders , they are not personally involved and are seen by
the legislator and investors.

4. Explain what are the conditions and what is the procedure in order to exclude an associate from a
LLC?
The EXCLUSION OF ASSOCIATES: the associate that can be excluded from a general
partnership, a limited partnership, or a limited liability company is the one who:

· Are being noticed and put into delay, does not make the contribution he has commited
himself to make

· Having unlimited liability, has declared bankruptcy or became under a disability

· Having unlimited liability, without any right interferes in the administration of the
company

· Being a managing associates, defrauds the company or uses the registered signature or
the registered capital for his own benefit

The exclusion is permitted only for the associates from the limited partnership, limited liability company
and the active partners.

Cannot be applied for the shareholders , they are not personally involved ad are seen by the legislator and
investors.

THE EXCLUSION IS DELIVERED BY A COURT DECISION ON THE REQUEST OF THE


COMPANY OR OF ANY OTHER ASSOCIATE.

The EXCLUDED ASSOCIATE IS LIABLE FOR THE LOSSES AND HE HAS A RIGHT TO
BENEFITS TO THE DAY HE HAS BEEN EXCLUDED, BUT HE WILL NOT BE IN A POSITION TO
ASK FOR THEIR LIQUIDATION UNTIL THEY ARE ALLOTED ACCORDING TO THE
PROVISIONS OF THE CONSTITUTIVE ACT.

THE EXCLUDED ASSOCIATES HAS NO RIGHT TO A PROPORTIONAL PART OF THE SOCIAL


ASSETS, BUT HE IS ONLY ENTITLED TO A SUM OF MONEY REPRESENTING THE VALUE
THEREOF.

THE EXCLUDED ASSOCIATE STAYS LIABLE AGAINST THIRD PARTIES FOR THE
OPERATIONS CARRIED OUT BY THE COMPANY UNTIL THE DATE THE FINAL DECISION
CONCERNING THE EXCLUSION IS DELIVERED.

5. What are the requirements in order to increase the social (registered) capital of a joint stock
company administered in a dual system of administration?

INCREASING THE CAPITAL OF A JOINT STOCK COMPANY:

· BY NEW CONTRIBUTION:the registered capital may be increased by issuing new


shares or by increasing the nominal value of the existing shares in exchange for new
contributions in money.The registered capital cannot be increased and new shares shall
not be issued until shares of previous issue are completely paid for.

· BY INCLUDING THE RESERVES:except legal reserves.

· BY INCLUDING THE BENEFITS AND THE ISSUE PREMIUMS

· BY COMPENSATION OF SOME CERTAIN AND LIQUID DEBTS


The increase of the registered capital obtained by increasing nominal value of the shares can only be
decided with the vote of all shareholders, except for the case when it is done by including the reserves, the
benefits and the issue premiums.

The resolution of the EXTRAORDINARY MEETING OG THE GENERAL ASSEMBLY to increase the
registered capital will pe published in the OFFICIAL JOURNAL OF ROMANIA.

6. What are the requirements in order to decrease the social (registered) capital of a LLC
administered by a person who is not also an associate of the LLC?

7. Which is the General Assembly of Shareholders that approves the merger of the company?
Explain what are the legal requirements for the shareholders to decide upon the merger!

THE DUAL SYSTEM: in this system, the General Meeting of the shareholders appoints the
SUPERVISION BOARD and this Board elects the DIRECTORATE.

The executive of the company is the DIRECTORATE composed by one director or a board of
directors.The SUPERVISION BOARD controls the activity of the DIRECTORATE.In the relations with
the third parties, the company by shares is represented by the DIRECTORATE.

FOR THE VALIDITY OF THE DECISIONS OF THE MANAGING BOARD,DIRECTORATE,


SUPERVISION BOARD, THE ATTENDANCE IN PERSON OF AT LEAST HALF OF THE
NUMBER OF ADMINISTRATORS IS NECESSARY, unless the constitutive act stipulates a larger
number.

THE DECISIONS IN THE MANAGING BOARD, DIRECTORATE, SUPERVISORY BOARD ARE


MADE WITH THE MAJORITY OF THE ATTENDING MEMNBERS.

8. Explain how the social (registered) capital of a joint stock company is decreased!

If a registered capital decrease is ascertained,this will have to be completed or written down prior to any
profit allotment or distribution being carried out.In case the managers find out about the loss of half of the
registered company,they are compelled to convene the EXTRAORDINARY MEETING in order to
decide upon the reconstitution of the capital.

When the decrease of the registered capital is motivated by losses incurred,it may be done by: reducing
the number of shares or of the participating shares, reducing the nominal value of the shares or the
participating shares,purchasing it s own shares, followed by their cancellation.

THE DECREASE OF THE REGISTERED CAPITAL CAN ONLY BE MADE AFTER 2 MONTH
PERIOD PASSING FROM THE DAY OF THE PUBLICATION OF THE DECISION IN THE
OFFICIAL JOURNAL OF ROMANIA.THE DECISION MUST OBSERVE THE MIN REGISTERED
CAPITAL,WHEN STATED BY THE LAW, TO POINT OUT THE REASONS OF THE WRITING
DOWN AND THE PROCEDURE USED FOR ITS ACCOMPLISHMENT.

WHEN THE COMPANY ISSUED BONDS , THE DECREASE OF THE REGISTERED CAPITAL BY
PAYING BACK THE SHAREHOLDERS OUT OF THE SUM PAID ON ACCOUNT OF THE STOCK
CAN ONLY BE MADE PROPORTIONALLY TO THE VALUE OF THE REIMBURSED BONDS.

9. How is the dual system of administration appointed and how it functions!


THE DUAL SYSTEM: in this system, the General Meeting of the shareholders appoints the
SUPERVISION BOARD and this Board elects the DIRECTORATE.

The executive of the company is the DIRECTORATE composed by one director or a board of
directors.The SUPERVISION BOARD controls the activity of the DIRECTORATE.In the relations with
the third parties, the company by shares is represented by the DIRECTORATE.

FOR THE VALIDITY OF THE DECISIONS OF THE MANAGING BOARD,DIRECTORATE,


SUPERVISION BOARD, THE ATTENDANCE IN PERSON OF AT LEAST HALF OF THE
NUMBER OF ADMINISTRATORS IS NECESSARY, unless the constitutive act stipulates a larger
number.

THE DECISIONS IN THE MANAGING BOARD, DIRECTORATE, SUPERVISORY BOARD ARE


MADE WITH THE MAJORITY OF THE ATTENDING MEMNBERS.

10.Explain the differences between the general ordinary assembly of shareholders and the general
extraordinary assembly of shareholders!

The ordinary general assembly: convened at least once a year, within 5 month as from the end of the
financial year.

· To discuss upon, approve or amend the balance sheet, after listening to the administrators and
auditors report and to determine the dividents.

· To appoint the administrators and the auditors.

· To establish the proper remuneration for the administrators and auditors for the current financial
year.

· To give their opinion on the adminitrators administration of budget.

· To determine the income and expenditure budget and the activity program fot the next financial
year

· To decide upon the mortgaging, renting or dissolving of one or several of the companies units.

With a view to ensuring the validity of the proceedings of the ORDINARY MEETING, IT IS
NECESSARY TO HAVE the shareholders attending it representing at least ¼ of the registered capital
and the decisions be made by the shareholders representing the ABSOLUTE MAJORITY.

The extraordinary general meeting: convened whenever a decision is necessary to be made for.

· Changing the legal form of the company

· Changing the location of the registered office of the company

· Changing the object of activity of the company

· Extending the company s life

· Increase of the registered capital


· Early dissolution of the company

· Issue of bonds

Upon the first convening, the attendance of shareholders representing at leas ¼ of the registered capital
and the decisions to be made with the vote of the majority of those present or represent.

Upon the subsequent convening, the attendance of shareholders representing at leas 1/5 of the registered
capital, and the decisions to be made with the vote of the majority of those present or represent.

11.What are the legal requirements for the dismissal of the administrators of a joint stock company,
managed in an unitary system of administration?

In the limited partenership by shares , the administrators can be dismissed by the shareholders general
assembly according to a decision made with the majority required for the extraordinary meetings.The
general assembly elects,with the same majority, another person instead of the manager who was
dismissed, died.The appointment must also be approved by the other administrators if there are everal
ones.The new administrator becomes an active partner.

THE DISMISSED ADMINISTRATOR REMAINS UNLIMITEDLY LIABLE TOWARDS THIRD


PARTIES FOR THE OBLIGATIONS HE WAS COMITTED TO DURING HIS ADMINISTRATION,
KEEPING HIS RIGHT TO SUBSEQUENTLY SUE THE PARTNERSHIP.

THE ACTIVE PARTNERS WHO ARE ADMINISTRATORS CANNOT PARTICIPATE IN THE


PROCEEDINGS OF THE GENERAL ASSEMBLY FOR THE ELECTION OF AUDITORS EVEN IF
THEY POSSESSSHARES IN THE PARTNERSHIP.

12.Present the procedure of dismissing the administrator of an LLC, and the appointment of a new
one! - ce?????

13.How is the management of a joint stock system appointed, in a dual system of administration?

THE DUAL SYSTEM: in this system, the General Meeting of the shareholders appoints the
SUPERVISION BOARD and this Board elects the DIRECTORATE.

The executive of the company is the DIRECTORATE composed by one director or a board of
directors.The SUPERVISION BOARD controls the activity of the DIRECTORATE.In the relations with
the third parties, the company by shares is represented by the DIRECTORATE.

FOR THE VALIDITY OF THE DECISIONS OF THE MANAGING BOARD,DIRECTORATE,


SUPERVISION BOARD, THE ATTENDANCE IN PERSON OF AT LEAST HALF OF THE
NUMBER OF ADMINISTRATORS IS NECESSARY, unless the constitutive act stipulates a larger
number.

THE DECISIONS IN THE MANAGING BOARD, DIRECTORATE, SUPERVISORY BOARD ARE


MADE WITH THE MAJORITY OF THE ATTENDING MEMNBERS.

THE MANAGING BOARD MAY DELEGATE PART OF ITS POWERS TO A MANAGING


COMMITTEE, MADE OF MEMBERS ELECTED FROM AMONG THE ADMINISTRATORS, AT
THE SAME TIME DETERMINING THEIR RENUMERATION.
14.Present how shareholders take the decision to approve the balance sheet for a joint stock company
administered in a dual system of administration. What about the LLC?

The commutative jurical act is:


 a type of juridcal act with onerous title
 a bilateral jurical act

The sale-purchase of a land is a juridical act of following categories:


 formal, named juridical acts

The misrepresentation
 is a cause of relative nullity
 can consist even of silence

The task
 represents a condition of validity of the juridical acts with gratuitous title

The absolute nullity


 may be invoked by anybody

The relative nullity


 can produce its effects until its avoidance is claimed
 may be invoked anytime

The following reasons call the absolute nullity of an act


 when the act has been concluded by deceit

The following reasons call the relative nullity of an act


 when the act has been concluded by deceit

Law considers as vices of consent


 the non fulfillment of the contractual obligations
 the absence of the contractual capacity
 the absence of a lawful cause of the contract

In order to support a valid act, the consideration (the cause) has


 to exist
 to be serious

The modalities of the legal act are


 the term
 the cause
 the task
The following reasons call the absolute nullity of an act
 when one of the validity conditions of the act is missing

A donation usually is
 a legal act that produces effects only after the death of the author
 a contract that is not subject to nullity

The absolute nullity:


 may be invoked anytime
 can produce its effects until its avoidance is claimed

The mortgage convention is a


 real legal act

The capacity to conclude a legal act is


 an essential and general condition of the validity of the legal act

There is no objective element in the structure of


 the error

According to the provisions of the civil code, the professionals are considered to be
 all those managing an enterprise

The abstract capacity


 can be granted by law from the moment of conception

The shop vendor


 is always a merchant

The category of professionals


 includes all personas licensed to perform economic activities
 includes public institutions, individual entreprises, family enterprises, economic interest groups

The abstract capacity is


 the persons’ ability to have rights and obligations (grated to each human being from the moment
of the birth or, by exception, from the moment of conception)

The concrete capacity is


 the persons’ ability to have obligations and assume them
 the persons; capacity to exercise their rights or to assume their obligations by concluding on their
own name juridical acts
 the persons’ capacity granted to married persons after 16 years old

The following are merchants


 european interest groups
 cooperative organisations

Are considered to be professionals


 attorneys at law
 cooperative organisations
 european companies
 members of family enterprises

The family enterprises


 need an authorisation from the register of trade in order to be able to perform its activities

A family enterprise ceases its existence if


 more than half of its members have deceased
 more than half of its members require its cessation or withdraw from it
 all its members are 16 years old

The individual merchant


 cannot be considered an employee of third parties with whom it collaborates

The members of the family enterprises


 need to perform the trade as a profession

The individual merchant


 needs to have the full concrete capacity
 is liable toward third parties with his patrimony

They not have legal personality


 the individual enterprise

The economic interests groups


 are considered professionals
 are considered merchants

It is a legal form of entity with the goals to promote and simplify the cross-border activities of
cooperatives
 the european cooperative society

They are considered professionals - legal persons


 the cooperative organizations, economic interest groups, general partnership
 companies of capital, companies of persons, the european cooperative society, the european
company

The european company


 was conceived so that companies have the possibility to restructure at the eu level
 has decisions taken with a qualified majority

The stock-trade
 is an ensemble of goods used for the accomplishment of commercial activities
 can consist of tangible and intangible goods
 is a movable good

The emblem is:


 a movable good
 in the civil circuit
 an element of stock-trade

The ensemble of movable and immovable, tangible and intangible goods used by a merchant in his
commercial activity, in order to get clients and to obtain profits represents
 the stock-trade

The trademark is:


 a movable good
 an intangible good
 in the civil circuit
 an element of the stock trade

Are considered to be tangible elements of the stock-trade


 the raw materials
 the merchandise

The clients
 through its quality, number, frequency, determine the economic condition of the merchant, his
success or failure
 it is an indispensable element of the stock

The goodwill
 is an intangible element of the stock-trade

The assignment contract


 is a bilateral contracts
 is a bilateral legal act
 is an act with onerous title

Its is characterized by the absence of a minimum social capital


 the general partnership

The unlimited liability of the associates is characteristic


 for the active partners of a limited partnership

The companies of persons


 does not include the limited partnership and the company by shares

Law 31/1990 provides that there can be a sole associate in a


 limited partnership by shares

Affectio societatis
 does not exist in the case of a limited liability company
 means the will of the associates to participate in the common use of contributions and capital in
order to obtain profits

The joint-stock company


 does not imply no personal liability of its shareholders
The legal acts concluded by bodies of the legal person can engage the legal person towards third parties
 even though they extended the power of representation ever what the constitutive act of the statue
of the company provided, in certain conditions

The principle of the specialty of the abstract capacity of the legal person is expressly provided
 the general partnership

The companies
 can have legal personality

Joint liability
 means that any partner can be obliged to pay the whole amount

The limited partnership by shares


 is allowed to issue negotiable instruments

The companies of capital


 have the registered capital divided into negotiable shares

The associates of a general partnership


 can participate to the capital of the company with their work and knowledge

The capital is the situation os a general partnership


 must be fully paid-up at its incorporation

The decrease of the social capital can be done through


 total exemption of the associates of their obligation to make the deposits they owe
 the restitution to the shareholders of a share of their contributions

The legal reserves


 cannot be used for the increase of the social capital

The capital of a company


 always consists of the contribution brought by the associates

A limited company gets its concrete capacity


 from the moment of its incorporation in the trade register

In order to set-up a company by shares by public subscription, one


 must register the prospectus concluded in the authentic form in the trade register

The minimum capital of a joint-stock company is


 90 000 lei

In case of irregularities concerning the setting up of companies


 it is the duty of the company, through its competent bodies, to correct them

For the setting-up of a limited partnership


 the conclusion of the company contract is needed

The constitutive act must be concluded in authentic form when


 a land is brought as contribution to the capital of a limited liability company

The company contract is


 a multilateral legal act
 a contract with onerous title

The legal acts concluded by a limited partnership by shares in the absence of the authorization from the
competent bodies for the performance of its activity
 are sanctioned with absolute nullity

In case the minimum number of the associates provided by the law for the set-up of a company by shares
is not reached at the moment of the incorporation
 the nullity cannot be declared if the reason it relied on in the application for annulment was
removed before conclusions were made in front of the tribunal, during the judgment

The effect of the declaration of nullity of a company is


 liquidation
 is not retroactive

The decision of the declaration of nullity pronounced by the court


 will also contain provisions regarding the persons which were named as liquidators of the
company
 will be sent to the trade register which after making the mentions inside its registru, will sent it to
the official monitor of romania for publications

The nullity of a company can be declared by


 the tribunal

If the constitutive act does not provide the denomination of the company, the sanction can be
 the nullity of the company

The nullity of the company


 cannot be opposable to third parties of good-faits

The administrators of a joint-stock company


 are jointly liable towards the company for the actual existence of the paid dividends

The limited company of the associates can be found in the case of


 company by shares
 limited liability company

The ordinary general meeting can decide upon


 the naming if the administrators
 the approval of the yearly financial situations
 the dismissal of the censors

The legal relation between a limited liability company and the persons that form its management body
 is assimilated to the mandate contract legal rules

The extraordinary general meeting can be decide upon


 extending the company’s duration
 the increase of the social capital
 the anticipated dissolution of the company

The administrator of a limited liability company


 can be a person third party to the company
 can be a legal person

The administrator of a limited partnership by shares can be


 an active partner

In case of a limited liability company


 the social parts can be transferred to persons outside the company

The decisions taken by the management bodies according to the provisions of the law, the constitutive act
and the statute of the company are compulsory
 for all the attending and missing associates from the meeting, no matter whether they voted
accordingly or against the measures

The censors, in a joint-stock company


 must exercise their mandate personally
 can be reelected

According to the provisions of the law, the administrators of a legal person


 must make sure their own personal patrimony is separated from the patrimony of the legal entity
 must act in the benefit of the legal entity with the diligence of a bonus pater familias

In the unitary system of a joint-stock company, the administrators


 must be in odd number
 must suspend their labor contract with the company for the duration of their mandate

The minimum value of the share in a joint-stock company is


 0.1 lei

The limited company


 cannot issue bonds

Bonds in the same issue


 must be of equal value
 grant equal rights to their holders

Preference shares
 benefit of priority dividends without the right to vote

The bonds
 are reimbursed by the issuing company at maturity
 from the same issue and of the same value can be reimbursed even before the maturity, under
certain conditions

An associate in a general partnership


 can be excluded from the company
 can withdraw from the company

The excluded associate of a limited partnership by shares


 has a right to benefits to the day he has been excluded

An associate is a limited liability company


 can withdraw with the agreement of all the other associates

The rights of the withdrawn associate, for which he is entitled against his participating shares
 can be determined with the agreement of the associates
 can be determined by an expert designated by the associates

The acquisition, as a case of merging of companies is a type of


 universal succession

Transforming limited liability company into a company by shares leads to


 the change of the legal type of company

The division plan


 must be signed by the legal representatives of the participating companies
 must be submitted to the trade register

The nullity of a division


 will not be admitted immediately if the irregularity can be removed in a certain given period of
time
 can be declared only by court decision

The acquisition
 is decided upon by each involved company
 is decided upon in the same conditions needed for the change of the constitutive act of the
company

The total division


 transfers its patrimony to the befitting companies
 has as an effect the dissolution without liquidation of the divide company

The dissolution occurs:


 at the expiry date of the duration of the company

The method of naming the liquidators of a general partnership


 can be decided upon by the courts of law at the request of the administrator
The creditors of a company in liquidation:
 have the right to pursue against the liquidators the legal actions arising from the receivables that
are due
The liquidators:
 can be natural or legal persons
 have the same liability as the administrators of the company
 are obliged to receive and keep the patrimony of the company

The associates:
 as a rule, cannot receive from the liquidators any sum of money according to the social parts they
hold, until the debts to the creditors of the company are fully paid
 in certain cases, they can ask that the retained amounts be deposited in the bank even during
liquidation

The liquidators:
 perform their mandate under the control of the censors
 perform their mandate under the control of the supervision board in case of a joint stock company
organized in a dualist system of administration

The dissolution of a company:


 must be registered in the trade register
 must be published in official monitor of romania,e except when is occurs due to the expiry of the
duration of the company
The liquidation:
 does not prevent the opening of insolvency procedure

The tribunal can declare the dissolution of a company:


 at the request of any interested person or at the request of the trade register in certain cases
provided by law
 if the shareholders of the company disappear and their residence is unknown

The dissolution of a company :


 intervened prior to the expiry of its duration, has effect on third parties only after a period of 30
days has elapsed since its publication in the oficial monitor of romania

The participant to the insolvency procedure who has the power to manage the debtor’s activity is:
 the juridical administrator
The opening of the insolvency procedure has the following effect:
 none of the above

The insolvency appears in case of:


 not having sufficient money to pay the due debts

The insolvency:
 is a collective procedure
 is an attempt to save the company through reorganization

The duty to ana;yse the debtor’s financial situation an to make proposals to the assembly of creditor
concerning the continuation of the debtor’s activity and the reorganization plan belongs to:
 the committee of creditors
They are criminal offenses the could arise during the insolvency procedure:
 the fraudulent bankruptcy
 the fraudulent management

The juridical reorganization of the debtor takes place according to a reorganization plan the can be
proposed by:
 the juridical administrator, the creditors, the debtor
The bankruptcy procedure is declared:
 in case the debtor does not comply with the reorganization plan approved in the insolvency
procedure

The bankruptcy procedure of a company lead to:


 deleting the debtor from the trade register
 liquidation

The creditor with current claims or a current creditor


 is the creditor who has due claims arising during the insolvency procedure
 can gave his claims paid with priority

The natural person:


 can conclude a labor contract as an employee at the age of 15

The labor contract is suspended by law if the employee


 is in quarantine
 is exercising a position within an executive, legislative or judicial authority

As a result of the absolute nullity, from the date in which the nullity was found by agreement of the
parties or by a final court decision, the labor contract is:
 terminated by law

The salary:
 can include allowances

Revisal represents:
 The general register of employees records

The labor contract:


 is concluded intuitu personae
 is concluded in a written form requested ad validitatem
 is a contract with onerous life

The lar contract can be suspended by the parties written agreement:


 for personal reasons

The principle of certainty of taxation:


 none of the above
 Fairness, in that taxation should be compatible with taxpayers' conditions, including their ability
to pay in line with personal and family needs. Certainty should mean that taxpayers are clearly
informed about why and how taxes are levied.
There are subjects of tax legat relations:
 the state
 a general partnership
 a lawyer

The VAT:
 is an indirect tax owed to the state budget
 has a standard rate of 19%

The profit:
 is a form of income derived from running economic activities
 can be obtained by a company by shares
The registered capital of a company (regulate by law 31/1990):
 As its formation, must contain contributions in receivables for all types of companies

The negotiation phase of a contract :


 carries within it a mandatory obligation of good faith, that can’t be limited by the parties
The abstract capacity:
Represents the ability of the person to have rights and obligations

In regard to the termination of a contract:


 Damages can be asked for a wrongful non performance

For the ownership of a joint stock company, the following statements are true:
 Generally speaking, only fully paid share give the right to a vote

The liquidation of the company following the voluntary dissolution:


 All documents issued by the company must bear the mention of it undergoing the liquidation
procedure
The merger of three or more companies:
 Has as a consequence the dissolution without liquidation of the participating companies or of one
of the participating companies

The entry into force of a new law:


 none of the above sau
 In law, coming into force or entry into force (also called commencement) is the process by
which legislation, regulations, treaties and other legal instruments come to have legal force
and effect. ... To come into force, a treaty or Act first needs to receive the required number of
votes or ratifications.

The arbitration procedure:


 Can be chosen by the parties either by an arbitration clause or an arbitration agreement

Regarding the administration of an LLC:


 The administration must not exercise the same function in a competing company, unless they
have the approval of the associates of all companies they are working for

In what concerns, the following statements are true:


 As a vice of consent, the duress can either be physical or psychological

The division of a company:


 Always has as an effect the transfer of the entire or of a part of the patrimony of the divided
company towards the benefiting companies
Concerning the rights of the individuals with the legal relation, the following assertions are true:
 the real right is always and absolute right

According to the rules of the Convention for International Sale of Goods (CISG):
 Among others, the seller is liable towards the buyer if a third party sets claims on the sold
marchandise
An individual merchant:
 must register the activity in the trade register

Concluding a contract with a person different than the one believed to become a party of that particular
contract is a form of:
 error

Pacta sum servada:


 none of the above
 Pacta sunt servanda, Latin for "agreements must be kept", is a brocard and a fundamental
[1]

principle of law.

The condition, as a modality of the juridical act


 is a affecting the existence of the juridical act

:* pling rau

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