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universul juridic magazin

The status of the legal person – private internationalLaw synthesis

The conflict rules regarding the legal entity are circumscribed to identifying the lex causae and its application scope. Through the Romanian Civil Code, it is applicable the criterion of the social headquarters, respectively the criterion of the real headquarters, if the legal person has headquarter offices in several states. Determining the real headquarters requires identifying the main governance and management center of the legal person, even if the decisions are taken according to the directives sent by associates and shareholders from several states. It is just one of the criterion used in the diversity of national regulations, along with the criterion of incorporation, the founders will criterion, the control criterion and the main exploitation criterion. The particular notes of the organic status law concern the transfer of headquarters in the context of freedom of establishment recognized to companies at European level. The law determined in accordance with the private international law dispositions applies to all aspects relating to the establishment, operation and termination of the legal person. The recognition procedure differs, depending on the purpose of the legal person. For the foreign legal entities operating for profit, recognition operates as rightful, and the recognition of the foreign non-profit legal persons is subjected to the approval of the law authorities and to the approval of the expressly stated requirements.