Page 197 - Albanian law on entrepreuners and companies - text with with commentary
P. 197

liquidator by the court shall be registered ex officio according to Article 45 of Law No.
            9723 on the National Registration Centre.
                 (2) The words "in liquidation" shall be added to the company’s registered name.

                                          Article 195
                                      Invitation to Creditors
                 The liquidator must invite the company’s creditors to file their claims with respect
            to the dissolution of the company. The company shall publish the announcement twice,
            with  a  30-day  interval,  on  the  website  of  the  National  Registration  Centre  and,  if
            applicable, on the company’s website. The announcement must declare that claims must
            be filed within 30 days from the last announcement.

                                          Article 196
                              Company Management by the Liquidator
                 (1)  The  powers  and  duties  of  the  Managing  Director  are  transferred  to  the
            liquidator on his appointment.
                 (2)  If  there  are  several  liquidators,  they  shall  exercise  their  rights  and  duties
            jointly,  unless  their  appointment  envisages  them  to  act  also  independently.  Several
            liquidators may always authorize one of them to perform specified kinds of transactions.
                 (3) Restrictions of the power of the liquidator shall have no effect as against third
            parties in accordance with paragraph 2 of Article 12.
                 (4)  The  Liquidator  is  subjected  to  the  supervision  of  the  (other)  partners,  the
            General Meeting, the Board of Directors or the Supervisory Board.
                 (5) Article 17 does not apply to the liquidator.

                                          Article 197
                                 Rights and Duties of the Liquidator
                 (1) The liquidator shall bring the current business transactions to a close, collect
            claims including outstanding contributions,  sell remaining assets and pay creditors in
            accordance with the priorities set out in Article 605 of the Civil Code.
                 (2)  The  liquidator  may  conclude  new  business  transactions  for  the  purpose  of
            bringing current transactions to a close.
                 (3)  If,  based  on  claims  filed  by  creditors  as  referred  to  in  Article  195, 165   the
            liquidator finds that company assets are not sufficient to settle these claims including
            outstanding  contributions,  he  shall  suspend  the  liquidation  proceedings  and  file  a
            request to the competent court to open insolvency proceedings.




            165  Amended by Law No. 129/2014, Article 31.
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