COMMENCING LEGAL ACTIONS ON BEHALF OF A JOINT-STOCK COMPANY WITH INCOMPLETE MEMBERSHIP OF THE BOARD OF DIRECTORS IN THE CONTEXT OF CORPORATE REPRESENTATION UNDER THE BULGARIAN CIVIL LAW
Journal Title: Globalization, the State and the Individual - Year 2018, Vol 2, Issue 2
Abstract
The present article analyzes some of the most challenging problems in the Bulgarian case law and the legal doctrine, concerning commencing legal actions and legal proceedings on behalf of a joint-stock company with incomplete membership of the Board of Directors in the context of corporate representation. The first part introduces some general issues in the theory of corporate representation within the Continental legal doctrine and its influence on the mechanism of representation in share stock company under the Bulgarian law. The second part entails some problems of high theoretical and practical value, such as the validity of the legal actions, undertaken by a member of the Board of Directors, who is not elected for an executive member, to bind legally the joint-stock company in Bulgaria, which has one registered executive director and two non-executive directors, who has the authority to commence legal proceedings on behalf of the company (or instruct lawyers to do so). In the third part, some conclusions on the will-expressing mechanism in legal entities are made
Authors and Affiliations
Ivan Ruschev
Keywords
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- EP ID EP510517
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