Page 127 - Albanian law on entrepreuners and companies - text with with commentary
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Article 100
Registration of Dissolution
The Managing Directors shall report the dissolution to the National Registration
Centre in accordance with Article 43 of Law No. 9723 on the National Registration
Centre. In case of dissolution by court decision, the court shall transmit the decision to
the National Registration Centre for registration in accordance with Article 45 of Law
No. 9723 on the National Registration Centre.
CHAPTER II
WITHDRAWAL AND EXPULSION OF MEMBERS
Article 101
Withdrawal of a Member on Reasonable Grounds
(1) A member may withdraw from the company if other members or the company
have caused damage to him by their actions, if the member has been prevented from
exercising his rights in the company, if the company has imposed unreasonable
obligations on him, or for other reasons which make the continuation of membership
unacceptable for the member.
(2) The member shall submit his withdrawal to the company in writing stating the
reasons for his withdrawal.
(3) The Managing Director shall immediately upon receipt of the notice referred to
in paragraph 2 convene a General Meeting in order to decide if the member will receive
repayment of his share due to his valid withdrawal.
(4) If the company fails to convene a General Meeting and/or does not recognize
the member’s reasons for withdrawal and right to repayment, the withdrawing member
may initiate proceedings before the competent court requesting from the company the
repayment of his share because of his valid withdrawal.
(5) If a member of a company causes any damage to the company through his
withdrawal due to lack of reasonable grounds, he shall compensate the company for that
damage.
(6) The withdrawing member may claim joint and several compensation for any
damage caused to him by the company or by the other members that caused his
withdrawal.
Article 102
Expulsion of a Member
(1) Based on an ordinary decision, the General Meeting may request the
competent court to expel a member if this member fails to make a contribution as
required by the Statute or if other reasonable grounds for the expulsion exist.
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