Type And Scope Of Responsibility Of The Cooperators In The Public Trade Company - Advantages And Disadvantages

Andonovski, Miroslav and Zdravkoski, Igor and Midovska, Marija (2018) Type And Scope Of Responsibility Of The Cooperators In The Public Trade Company - Advantages And Disadvantages. In: X. IBANESS Congress Series, October, 27-28, 2018., Ohrid, Macedonia.

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Abstract

The subjects of commercial law in the legal system of the Republic of Macedonia are defined according to the world accepted classification of the types of subjects in commercial law. They can be defined as unique proprietors (natural persons) or trade companies (group of individuals - physical or legal). The Law of Trade Companies is defined by the following commercial entities: unique proprietor-natural person and legal entities-organized as trade companies, where by the forms of trade companies are defined in the Law. Although the forms of trade companies are specifically defined in the Law, with special conditions for establishment and operation, they still have common characteristics that are regulated in the part of the joint provisions for trade companies. From this section, a special object of interest in this paper is the type and scope of the liability of the public company's shareholders for the obligations of the company. The legislator very specifically and clearly defines the responsibility of the owners of the various forms of trading companies as a common element for all forms, with the type and scope of responsibility for the company's obligations entering the obligatory parts of the company. Characteristic of the liability of the members of the public company for the obligations of the company is that it is personal, unlimited and united. When establishing the company, the founders of the company are required to invest a minimum amount of founding equity as a guarantee for the fulfillment of obligations by the company. However, the founders of the company's obligations correspond with all personal property. From one side, the non-existence of an obligation for a minimum deposit when establishing the company can be considered as an advantage, but on the other side, the prescribed personal and unlimited liability carries with it the danger, in case of eventual insolvency of the company, from loss of the entire personal property of the partners . Keywords: obligations, responsibility, personal, unlimited, solidarity

Item Type: Conference or Workshop Item (Paper)
Subjects: Scientific Fields (Frascati) > Social Sciences > Economics and Business
Divisions: Faculty of Economics
Depositing User: Mr Dimitar Risteski
Date Deposited: 19 Feb 2020 11:54
Last Modified: 19 Feb 2020 11:54
URI: http://eprints.uklo.edu.mk/id/eprint/3094

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