Withdrawal of the Partner and Its Consequences in Albanian Company Law

Abstract

Referring to the legal and doctrinal concept of commercial companies in general and especially of the limited liability company, the commercial company constitutes a contract between its founders, who join their assets (goods) or services. The founders undertake commercial risk in order to develop a profitable commercial activity, aiming the periodical distribution of profit in the form of dividends. Albanian Law No.9901 dt.14.04.2008 on “Entrepreneurs and Commercial companies” especially regulates the “withdrawal of partners” as one of the classical methods of ceasing the capacity of the partner for the limited liability companies which was not treated in the old law and often conflicts between partners lead to dissolution of the company. In general, this method of ceasing the capacity of partner constitutes a partial termination of this contract/legal relationship for the founding of the company. In the present research paper, through a critical analysis, particular attention has been paid not only to the legal provisions, which treat this method of ceasing - its reasons, procedure and consequences but also to the legal ambiguity and lack of legal treatment identified, for which there may be offered possible solutions.

DOI: 10.5901/ajis.2014.v3n6p307