Page 127 - Albanian law on entrepreuners and companies - text with with commentary
P. 127

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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