|
Q4/2009 Termination of the legal personality of commercial partnerships |
|
In another decision from the Court of Appeal it was noted that “the legal personality of commercial partnerships ends by deletion of the same from the trade registry. However, in cases where the liquidation process of a company has not been completed or has not been duly completed, the legal personality of such company continues to exist even if the legal entity has been deleted from the trade registry.” In this case it was understood that the legal personality of the claimant had been deleted from the trade registry; however the key question was whether the liquidation process had been duly completed, if not the legal personality of the company would be deemed as existing. The Court of Appeal deemed it necessary to grant a period of time to the claimant in order to file a lawsuit for the determination as to whether the legal personality of the company was in existence.
|