haku: @author Kocbek, M. / yhteensä: 12
viite: 5 / 12
| Tekijä: | Kocbek, M. |
| Otsikko: | Autonomous liquidation of a joint-stock company |
| Lehti: | Podjetje in delo
1995 : VOL. 21:2, p. 137-147 |
| Asiasana: | |
| Vapaa asiasana: | Slovenia, business law, business corporations, joint stock company, company liquidation, laws |
| Kieli: | slv |
| Tiivistelmä: | In this article the author discusses the regulation of autonomous liquidation of joint-stock companies under the Law of Companies.If the shareholders voluntarily decide on a dissolution of a joint-stock company, the company itself carries out the process of winding up.In such a case the management of the company acts as liquidator.In certain cases, however, liquidators may be appointed by the court.Liquidation is carried out by the court only in the case of a involuntary dissolution of a joint-stock company.Winding up is not carried out if a joint-stock company is dissolved due to bankruptcy.It is also not possible to finish the liquidation if it is found out during the process of liquidation that the assets are not sufficient for the satisfaction of all the creditors. This is the end of the company as a juristic person in a bankruptcy proceedings.The essence of liquidation of a joint-stock company is not its involuntary end as a juristic person, but the settlement of property relations in the case of voluntary dissolution.Therefore business obligation relations are not encroached upon forcibly, but the performance of a business activity is concluded, the work begun is finished, the creditors satisfied, and the rest of the assets distributed to the shareholders, either in proportion regarding the proportional ownership interest or regarding special preferential entitlements arising from preference shares. |
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