The relation between the romanian commercial banking companies and the corporate social responsibility

Author:L. Muresan - C. A. Gheorghe

The relatively recent legal regulation regarding the field of the banking service consumer protection has been determined by the abusive commercial activity of the commercial banking companies. If the commercial banking companies had been aware of the need to comply with certain ethical principles in their relation with consumers – having a socially responsible behavior –, then these principles... (see full summary)


L. Muresan

Dept. Of public law, transilvania university of brasov.

  1. A. Gheorghe

Dept. Of private law, transilvania university of brasov.

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1. Introductory Aspects regarding the Corporate Social Responsibility

The social responsibility of the commercial companies is a moral liability, a voluntary liability of the respective commercial companies regarding the interaction of their own activity with: the natural environment, clients/consumers, own employees.

In order to understand the term social responsibility of the commercial companies, the stakeholder term must be explained.

The stakeholder term derives from the following terms: stake meaning interest, holder meaning owner, both English terms. The stakeholders are those categories of persons who have an interest in the development of the activity of the respective commercial company.

The stakeholders are divided into two main categories:

a external stakeholders - including business partners, suppliers, consumers, local communities, natural environment, future generations,

  1. internal stakeholders - including employees, shareholders, and managers/owners. [4]

We shall further on consider the relation between the banking commercial companies and their main external stakeholders - consumers.

2. The Romanian Commercial Banking Companies

The commercial banking companies have a very important role in the commercial field, especially in the relations with the consumers (naturalPage 208persons); for this reason, we will try to briefly describe this special type of commercial company.

The commercial banking company is defined [2] as the commercial company which has a specific object of activity, i.e. fund attraction from natural and legal persons, under the form of deposits or non- negotiable instruments, payable at sight or fixed term, as well as credit granting. Besides these main activities, a bank can perform several banking services, represented by the related operations. Thus, the only element strikingly differentiating a commercial banking company from another commercial company is the object of activity.

The commercial banking companies are universal credit institutions. Legally, these are joint-stock companies, according to the commercial legislation and to Government Emergency Ordinance no. 99/2006. [3]

Thus, the banking commercial company is constituted under the form of a commercial joint-stock company. The main differences between another commercial joint-stock company and a banking commercial company are the restriction, in the case of the banking commercial company, of the object of the cash contribution made by the partner, and the minimum amount of the social capital of 37,000,000 lei, much higher as compared to the rest of commercial joint- stock companies for which the minimum amount of the social capital is 100,000 lei.

As far as the commercial joint-stock company is concerned, it is considered [1] as being the most complex and most evolved form of commercial company. In the case of this type of company, the contributions of the partners are more important than their personal features. In general, the partners make their contribution to the social capital, without operating any activity within the company. These contributions are also important for the third parties, as the liability of the partners for the social obligations is restricted to these contributions. Due to the importance of the contributions to the social capital and blurring of the partners' personal features, the joint-stock company is also known as an anonymous company.

The commercial joint-stock company is intended to accomplish great businesses requiring significant capitals. This type of commercial company is conceived in order to form great capitals, required for the achievement of...

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