company reorganizationThe reorganization of the enterprise is done through fusion, association, division, separation, transformation.
At the fusion of enterprises, all patrimonial rights and obligations of each of them, are transferred according to the act of transfer, to the created enterprise as a result of the fusion.
At the association of one enterprise with another one, the latter receives, according to the act of transfer, all patrimonial rights and obligations of the associated enterprise.
At the division of the enterprise, at the created enterprises as a result of the division pass, according to the act of division, the patrimonial rights and obligations of the reorganized enterprise.
At the separation from the enterprise of one or several enterprises, the respective parts of the patrimonial rights and obligations of the reorganized enterprise pass to each of them according to the act of separation.
At the transformation of the enterprise in an enterprise with other juridical-organizational form, at the recently formed enterprise pass all patrimonial rights and obligations of the transformed enterprise.
Reorganization of the enterprise is done by the decision of its founders (associates).
In cases provided by law, the reorganization of the enterprise through division or separation is made by the decision of authorized public administration bodies or by decision of the court.
In cases provided by law, reorganization of the enterprise through fusion, association or transformation is made only with the agreement of authorized public administration authorities.
The act of transfer or the record of division will comprise provisions related to the legal succession on all obligations of the reorganized enterprise towards its creditors and debtors, including the obligations contested by the parties.
The act of transfer or the record of division is approved by the person (body) which took the decision to reorganized the enterprise and is presented together with the constituting documents for state registration of the recently created enterprise or by modifying the constituting documents of the existing enterprise.
The non-presentation together with constituting documents, of the act of transfer or the record of division, as well as the lack in these documents of the disposal regarding the legal succession on the obligations of the reorganized enterprise lead to the refusal of state registration of the recently created enterprise.
The enterprise is considered reorganized, except cases of reorganization through association, from the moment of state registration of the recently formed enterprise.
At the reorganization of the enterprise through association to it of another enterprise, the first is considered reorganized from the moment of inscription in the state commercial register of the data on the cease of activity of the associated enterprise.

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