INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
V. Liability of the Managers
The managers have joint liability towards to company in the cases
stipulated in article 151 of Law 161/2003, for:
1. the existence of the registers requested by the law and their correct
keeping;
2. the fulfillment of the decisions of the general assemblies;
3. the strict fulfillment of the obligations imposed by the law and by
the constitutive deed.
The liability action against the managers of the group is decided by
the majority vote of the group. It belongs to the group creditors only when
the obligations of the group are repeatedly not paid at maturity or when
the group is submitted to the procedure of judiciary reorganization and
bankruptcy, as regulated by Law no. 64/1995.
The manager who, without right, substitutes himself/herself by
another person, is joint and several reliable with him for the eventual losses
caused to the group. (art. 149, paragraph 3).
VI. Obligations of the Managers
The obligations of the managers of the Economic Interest Group are
established by:
- the dispositions regarding the mandate Ŕ the same as for those
who manage the commercial companies;
- the dispositions of Law 161/2003.
The managers have the obligation:
- to carry out all the operations necessary for the fulfillment of the
object of activity of the group, except for the restrictions shown in the
constitutive deed (art. 148, paragraph 1);
- to take part in all the meetings of the group, in the administration
board and similar managing bodies meetings (art. 148, paragraph 2);
- to convoke at once the general assembly of the members for the
adoption of a decision in the competence of the assembly (art. 154,
paragraph 1);
- to reply, in written, within 15 days, to the complaints made by the
members regarding the administration of the group (art. 156, paragraph 1);
- to deposit, for their administration, a guarantee that cannot be less
than the double of the monthly remuneration (art. 159, paragraph 1);
27