Study On The Legal Nature Of The Approval Documents Requested For Companies

• Author: Aida Diana D. Dumitrescu
• Pages: 24-28

STUDY ON THE LEGAL NATURE OF THE APPROVAL DOCUMENTS

REQUESTED FOR COMPANIES

Lecturer Aida Diana D. DUMITRESCU1

Abstract

This epistemological approach was generated by the theoretical and practical necessity of analyzing th e legal

nature of the approval documents required for the registration and/or operation of commercial companies. The

evolution of companies is symbiotic to that o f the society and has a major economic, legal and social impact. Acco rding

to its object of activity (environmental statement, banking company) or operations carried out in the proce ss of

operation (merger, sale of agricultural land , etc.) the entity must obtain approval documents with complex legal effects.

The material is part of the multidisciplinarity criterion and uses several methods of scientific research, of which

predominantly logical and comparative methods. The outcome of the research i s presented in a gradual and exemplary

approach, its conclusions being substantiated b y reference to normative provisions, doctrine opinions and legal

practice.

Keywords: notice, administrative act, civil act, commercial company, effects, leg al nature.

JEL Classification: K22, K23

1. Introduction

The evolution of the commercial society is symbiotically connected to the evolution of the

human society itself, the commercial activity in extenso being a direct factor of major economic,

legal and social impact.

Two are the guiding ideas that dictate the structure of our study, extrinsic to the life of

society, we project the question of the civil or administrative nature of the document - an opinion,

and in the plan that is inherent in society, we are discussing the purpose and timing of endorsement

of this entity.

The gradual and logical requirements of research have led us first to make light on the

aspect of the purpose and timing of commercialization, starting from the observation that,

depending on its object of activity (banking operations, protection and guarding activities etc.) or

operations carried out in the process of operation (merger, sale of agricultural land, etc.) the entity

must obtain opinions, documents with complex legal effects.

In the normal course of the connection, the second issue is generated precisely by the legal

nature of the document - an opinion which, depending on certain particularities, may be a civil or

administrative legal nature.

2. About the purpose and timing of the notice

In general, the registration and functioning of a company is not conditional on obtaining an

opinion, but there are many situations in which the conduct of the business of the company requires

approval.

The time at which the opinion is needed and the purpose for which this legal requirement is

established must be assessed on the basis of criteria such as the specificity of the company, its

subject matter, the legal act that is concluded, etc.

2.1. Moments of commercial company approval

According to the provisions of art. 35 of the Law no. 31/1990, the representatives of the

company are obliged within 15 days from the date of authentication of the constitutive act to require

the registration of the entity in the trade register in whose territorial area it is to be established.

1 Aida Diana D. Dumitrescu - "Alexandru Ioan Cuza" Police Academy, Romania, aida_dumitrescu@yahoo.com.