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Ministry of Justice
National Trade Register Office

April 18, 2024

 

The provisions of Law no. 359/2004 regarding the appointment of the liquidator

 

Art. 31

(1)The conclusion of acknowledgement of the dissolution by law is subject only to appeal, upon the request of any interested person, within 15 days from the publication provided by art. 30 paragraph (3).

(2)In case the appeal was not declared or it was rejected, the legal person goes into liquidation in compliance with the provisions of Law on companies no.

(3)Within 6 month from the date of the conclusion of dissolution, laid down in art. 30 paragraph (2) or, as appropriate, from the date of the rejection of the appeal formulated against it, the legal representative of the legal person has the obligation to appoint and register the liquidator in the trade register (see Section Dissolutions/Liquidations/Strikes off, sub-section Legal persons, the leaflet Voluntary dissolution and liquidation of general partnership, limited partnership, private limited company, public limited company and partnership limited by shares with liquidator appointing)

(4)In case there is not a legal representative or he shall not proceed to appointing a liquidator within the deadline laid down by paragraph (3), upon the request of any interested person, formulated within 6 months from the expiration date laid down by paragraph (1), the delegated judge shall appoint a liquidator from the list of practitioners in insolvency. The remuneration of the liquidator shall be made from the patrimony of the dissolved legal person or, in case of its lack, from the liquidation fund formed in compliance with the Law no. 85/2014.

(41)By derogation from the provisions of art. 252 paragraph (1) pt. b) of Law no. 31/1990, as republished and subsequently amended and supplemented, the conclusions of the delegated – judge, pronounced under the conditions of paragraph (4) upon the request of the budgetary creditors, shall be communicated electronically to the Minister of Public Finance – National Agency of Fiscal Administration, to the general divisions of the county public finance and of Bucharest, to the General division for administration the big contributors and to the Authority for State Assets Recovery, shall be published on the webpage of the National Trade Register Office and shall be displayed at the trade register office attached to the law court where the dissolved company is registered.

 
AMENDMENTS - Legal Persons
 
 
 
 
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