Tusevska, Borka (2014) Basic capital: Comparative aspects in European Union and Macedonia law. Втора меѓународна научна конференција Зборник на трудови „Влијанието на научно – технолошкиот развиток во областа на правото, економијата, културата, образованието и безбедноста во Република Македонија“, 1 (2). pp. 228-237. ISSN 978-608-4714-11-8
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Abstract
In legal theory of company law “basic capital” has been perceived as a necessary capital for doing business (starting business). This type of concept still exists in national as well as in international legislation. According to the legal theory, the basic function of this concept is to ensure creditors in charging their claims from company/debtor. Against this, in last few decades, the business sector has imposed the idea of inopportuneness of basic capital for protection/security of creditor’s rights/claims against debtors. This concept of inopportuneness of “basic capital” for protection/security of creditor’s rights gradually expanded into more segments of business sector, not excluding theory.
In fact, business sector assumes that “basic capital” is a mislaid concept. Among entrepreneurs (business environment), basic capital is not perceived as an instrument that guarantees the payment of creditor's claims. It’s just a theoretical concept that misguides entrepreneurs. Progressively, commercial companies are against the academically based concept of “basic capital.”
Through elaboration of domestic and international legislation, theoretical arguments, we will analyze the justification of basic capital as condition sine qua non in the founding of capital companies : Does basic capital accomplish its own role, or, is it only present as a concept that brings creditors into misleading position? Is the position justified in actual practice? In ultima linea, is basic capital a well-founded concept when it comes to the protection of creditors?
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | basic capital, share capital, corporate governance, stock, company’s agreement. |
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Borka Tusevska |
| Date Deposited: | 15 Dec 2014 10:33 |
| Last Modified: | 15 Dec 2014 10:33 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/11725 |
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