INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
company, to assure the leading and the coordination of the daily activities,
as trade companies; in banks, the leaders have this competency (art. 13
OUG no. 99/2006).
To trade companies the acts of the administrators hire the
company, even if they overpass the object of activity of the company. The
clauses of the Articles of Association or the AGA resolutions which limit
the powers of the administrators are inoposable to thirds, even though they
were published; therefore, the rights achieved from thirds based on the
documents of administrators remain valid, documents made by over
passing the mandate or extending the object of activity (art. 55 of Law no.
31/1999). All these consequences can not be produced in case of banks that
are hired only based on the signature of a two leaders (art. 13 of OUG no.
99/2006).
Bibliography
1. Andronache Vasile, Bunescu Ion, 2004, “Aspecte ale activitatii bancare
dupa recentele modificari operate in textul Legii bancare nr. 58/1998 by Law no.
485/2003”, Magasine of Trade Law (MTL), no. 2, 94-95;
2. Capatana Octavian, 1996, “Societatile comerciale” (Ed. Lumina Lex,
Bucharest);
3. Carpenaru Stanciu D., 2002, “Drept comercial roman” (Ed. All Beck,
Bucharest);Demetrescu P.I., 1939, “Societatile bancare pe actiuni” (Ed. Romaneasca,
Bucharest);
4. Cristea Silvia, Stoica Camelia, 2002, “Drept comercial” (Ed. Lumina
Lex, Bucharest).
5. Gheorghe Carmen Adriana, 2006, “Drep Bancar”(Ed. C.H. Beck,
Bucharest);
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