Comparative definition of the co-founder’s legal status in limited liability companies in Albania, Macedonia and Kosovo

Session

Management, Business and Economics

Description

In the comparative analysis of the form of trade companies, facts denote that limited the liability company is the most widespread form of trade company throughout countries in Continental Europe and worldwide. According to the doctrinal analysis, such prevalence of this type of company is due to its hybrid nature, i.e. the presence of elements of private equity firms and capital companies/ venture capital companies. In this type of trade companies, positive elements are present which characterise both private equity and capital companies. Perceived through historical retrospect, limited liability companies represent a quintessential creation of German legislators. Inaugurated with specific law – the Law on Limited Liability Companies (Gesetz betreffend die Gesell-schaftten mit beschraenkter Haftung). The aim of this work is a comparative definition of the co-founder’s legal status in limited liability companies in Albania, Macedonia and Kosovo. The legal status of co-founders in limited liability companies is stated by acquiring certain share within the company where all co-founder’s individual and corporate rights and liabilities have been incorporated in the limited liability company. In the comparative definition of the co-founder’s le-gal status in limited liability companies, a clear distinction should be made regarding the co-founder’s position in personal companies and more particularly, the co-founder’s position in public trade companies, as well as the shareholder’s position in joint stock companies as a representative company of capital companies. When comparing the co-founder’s position in limited liability companies vis a vis the co-founder's position in public trade companies, there are evident differences in terms of their position.

Keywords:

limited liability company, co-founder, share, rights, liabilities

Session Chair

Hasan Metin

Session Co-Chair

Bejtush Ademi

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-69-1

Location

Pristina, Kosovo

Start Date

27-10-2018 1:30 PM

End Date

27-10-2018 3:00 PM

DOI

10.33107/ubt-ic.2018.284

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

Comparative definition of the co-founder’s legal status in limited liability companies in Albania, Macedonia and Kosovo

Pristina, Kosovo

In the comparative analysis of the form of trade companies, facts denote that limited the liability company is the most widespread form of trade company throughout countries in Continental Europe and worldwide. According to the doctrinal analysis, such prevalence of this type of company is due to its hybrid nature, i.e. the presence of elements of private equity firms and capital companies/ venture capital companies. In this type of trade companies, positive elements are present which characterise both private equity and capital companies. Perceived through historical retrospect, limited liability companies represent a quintessential creation of German legislators. Inaugurated with specific law – the Law on Limited Liability Companies (Gesetz betreffend die Gesell-schaftten mit beschraenkter Haftung). The aim of this work is a comparative definition of the co-founder’s legal status in limited liability companies in Albania, Macedonia and Kosovo. The legal status of co-founders in limited liability companies is stated by acquiring certain share within the company where all co-founder’s individual and corporate rights and liabilities have been incorporated in the limited liability company. In the comparative definition of the co-founder’s le-gal status in limited liability companies, a clear distinction should be made regarding the co-founder’s position in personal companies and more particularly, the co-founder’s position in public trade companies, as well as the shareholder’s position in joint stock companies as a representative company of capital companies. When comparing the co-founder’s position in limited liability companies vis a vis the co-founder's position in public trade companies, there are evident differences in terms of their position.