INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
- to hand over to the liquidators the registers and the documents of
the group;
- to keep a register with all the operations of the liquidation, in their
chronological order.
VII. The Powers of the Managers
The powers of the managers refer to:
- all the operations necessary for the fulfillment of the object of
activity of the Economic Interest Group, except the restrictions stipulated in
the constitutive deed or by the decisions of the general assembly (art. 148 of
Law 161/2003);
- representation of the group in relation with third parties.
The non-observance of the legal dispositions regarding the
conclusion of the legal documents between the manager and the group,
determines their nullity (art. 221 of the law).
The manager representing the economic interest group is not
entitled to transfer this right to another person unless he has been expressly
empowered to do so (art. 149, paragraph 2). If this interdiction is infringed,
the company can pretend from the substitute person the benefits resulting
from the operation realized. The manager shall be jointly and severally
reliable with the third substitute for the losses incurred (art.149, paragraph
3).
VIII. Revocation of the Managers
By unanimous vote, the members of the group may decide the
revocation of the managers or the limitation of their powers, except the case
where the managers were not appointed by the constitutive deed (art. 157,
paragraph 2).
IX. Sanctions for Managers
All the documents issued by the groups of economic interest should
bear the name, head office address and other identification codes; the nonobservance
of this obligation is considered as contravention. The
ascertaining of this fact and the enforcement of the sanctions is made by the
control bodies of the Ministry of Public Finances (art. 223), according to the
dispositions of Governmental Ordinance no. 2/2001 regarding the legal
status of contraventions, approved with the modifications and completions
in Law no. 180/2002, with subsequent modifications.
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