EIRP Proceedings, Vol 4 (2009)
The independence principle for the subject of administration of stock trading companies. Comparative study of European legislation
Abstract
One of the main contemporary reforms of the trading companies in Romania has been realized through Law
no. 441/2006, through which, besides the introduction of corporatist government principles, other legislations and other
conceptions of absolute novelty have been transplanted. Among these new principles there is also the independent
administrator, which founds its regulation in art. 1382 from Law no. 31/1990 according to which „through the constitutive
paper or through the decision of the general assembly of the stock holders, can foresee that one or more members of the
administration committee to be independent”. The One of the main contemporary reforms of the trading companies in Romania has been realized through Law no. 441/2006, through which, besides the introduction of corporatist government principles, other legislations and other conceptions of absolute novelty have been transplanted. Among these new principles there is also the independent
administrator, which founds its regulation in art. 1382 from Law no. 31/1990 according to which „through the constitutive paper or through the decision of the general assembly of the stock holders, can foresee that one or more members of the administration committee to be independent". The appointment of some independent administrators represents putting in application of the principles of the Organization for Cooperation and Economical Development concerning new
corporatist governing concepts by implementing of some fundamental rights of the stock holders, rights that the stock
holders detain apart from their participation to the social capital. In Romania, in comparison with countries like England,
France, Spain, Germany, where the corporative governing has reached another implementation level, the new principles
brought in the life of the stock trading company, concerning its management, is at the beginning of the road; the next step
is to confirm or, on the contrary, contest their necessity. appointment of some independent administrators represents putting in application of the principles of the Organization for Cooperation and Economical Development concerning new
corporatist governing concepts by implementing of some fundamental rights of the stock holders, rights that the stock
holders detain apart from their participation to the social capital. In Romania, in comparison with countries like England,
France, Spain, Germany, where the corporative governing has reached another implementation level, the new principles
brought in the life of the stock trading company, concerning its management, is at the beginning of the road; the next step
is to confirm or, on the contrary, contest their necessity.
no. 441/2006, through which, besides the introduction of corporatist government principles, other legislations and other
conceptions of absolute novelty have been transplanted. Among these new principles there is also the independent
administrator, which founds its regulation in art. 1382 from Law no. 31/1990 according to which „through the constitutive
paper or through the decision of the general assembly of the stock holders, can foresee that one or more members of the
administration committee to be independent”. The One of the main contemporary reforms of the trading companies in Romania has been realized through Law no. 441/2006, through which, besides the introduction of corporatist government principles, other legislations and other conceptions of absolute novelty have been transplanted. Among these new principles there is also the independent
administrator, which founds its regulation in art. 1382 from Law no. 31/1990 according to which „through the constitutive paper or through the decision of the general assembly of the stock holders, can foresee that one or more members of the administration committee to be independent". The appointment of some independent administrators represents putting in application of the principles of the Organization for Cooperation and Economical Development concerning new
corporatist governing concepts by implementing of some fundamental rights of the stock holders, rights that the stock
holders detain apart from their participation to the social capital. In Romania, in comparison with countries like England,
France, Spain, Germany, where the corporative governing has reached another implementation level, the new principles
brought in the life of the stock trading company, concerning its management, is at the beginning of the road; the next step
is to confirm or, on the contrary, contest their necessity. appointment of some independent administrators represents putting in application of the principles of the Organization for Cooperation and Economical Development concerning new
corporatist governing concepts by implementing of some fundamental rights of the stock holders, rights that the stock
holders detain apart from their participation to the social capital. In Romania, in comparison with countries like England,
France, Spain, Germany, where the corporative governing has reached another implementation level, the new principles
brought in the life of the stock trading company, concerning its management, is at the beginning of the road; the next step
is to confirm or, on the contrary, contest their necessity.
References
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