THE TRADE FUND AS A CONTRIBUTION TO THE FORMATION OR INCREASE OF THE SHARE CAPITAL OF A COMPANY

• Main Authors: Gabriela FIERBINŢEANU, Vasile NEMEŞ
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2018-05-01
• Series: Challenges of the Knowledge Society
• Subjects: trade fund; legal nature of the trade fund; factual universality; business transfer; asset transfer
• Online Access: http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_010.pdf
• ISSN: 2068-7796; 2068-7796

Through this paper, the authors propose to go through some of the practical problems that may arise in the event of a legal act having as object the bringing of the trade fund as a contribution to a commercial company. The fact that until the conclusion of the legal act itself, there is doctrinal confrontations regarding the establishment of the legal nature of the trade fund in the context of theoretical regulations that do not cover a topic of overwhelming importance in the exploitation of an enterprise lead us to emphasize the importance of a more fluid regulation and more adapted to the economic realities. Although there is no longer a definition of the fund, the references to it have not been eliminated and we are considering the regulations regarding the legal acts the object of which is it and those concerning its elements constitutive of tangible or intangible assets, mobile or immovable . In the light of the newly emerged regulations on the patrimony of affection and under the provisions of the Civil Code defining the patrimony divisions, it would also be necessary to amend the Law.no26/1990 regarding the trade register, first of all to clarify its legal regime .Business and asset transfer, legal acts on the trading fund and trends in its qualification and the applicable legal regime represent several landmarks in dealing with the proposed subject.