The Fate of the Limited Liability Company in the Case of the Special Guardianship of the Sole Administrator

• Published in: Perspectives of Law and Public Administration Vol. 14; no. 1; pp. 189 - 198
• Main Author: Manciu, Geanina
• Format: Journal Article
• Language: English
• Published: Bucharest Societatea de Stiinte Juridice si Administrative (the Society of Juridical and Administrative Sciences) 01.03.2025
• Subjects: Appointments & personnel changes; Capital stock; Collaboration; Companies; Decision making; Deterioration; Guardians; Guardianship; Law; Legislation; Limited liability; Limited liability companies; Methods; Public administration; Quantitative analysis
• ISSN: 2601-7830
• DOI: 10.62768/PLPA/2025/14/1/12

The target of the study is the detailed analysis of the changes that would occur within a limited liability company if the measure of special guardianship were instituted for its sole administrator. On this occasion, the legal conditions for exercising the function of administrator will be presented, with special regard to full exercise capacity, the measures taken at the unit level in case of total deterioration of the mental faculties of its sole administrator, and the consequences of maintaining an incapable administrator in office. For this scientific research, which is based on the consultation of legislation, specialized literature, and relevant judicial practice, various methods were used, including the logical method, the comparative method, and quantitative methods. We appreciate that the analyzed subject is topical and has practical utility. When the sole administrator of a limited liability company is placed under special guardianship after being appointed, a situation that severely restricts his ability to exercise his civil legal capacity, it is crucial to understand the consequences for the company and the appropriate course of action.