Page 23 - Albanian law on entrepreuners and companies - text with with commentary

4. We would like to highlight paragraph 5 here: A company can come to terms with the
requirement to put any information on its website by refering to the same information held by
the NBC. This confirms NBC’s role as the main pool and source for all kinds of business
information in Albania, and allows a company to fulfil its disclosure requirements even if it
cannot (yet) fully develop its communication structures.

Article 2
The Entrepreneur
(1) An entrepreneur is a natural person, as defiend in the Civil Code, whose
independent economic activities require an ordinary business organisation.
(2) A natural person pursuing an independent profession (as lawyer, notary,
accountant, physician, engineer, architect, artist, etc.) shall be regarded entrepreneur if
so provided by special laws.
(3) A natural person conducting agricultural or forestry activities shall be
regarded as an entrepreneur if he is mainly organizing the processing and sale of
agricultural or forestry products (agro-business).
(4) Economic activities, which, due to their volume, do not require an ordinary
business organization (small scale business) are not subjected to this law. The Ministry
of Economy and Trade shall determine by regulation the threshold volume of business
at which registration as an entrepreneur is required.
(5) An entrepreneur must apply for registration as a physical person under Article
28 (1) and 30 of Law No. 9723 on the National Registration Centre. In case an
entrepreneur has created a website, all data reported to the National Registration
Centre shall be placed on this website.
(6) An entrepreneur is obliged to apply the standard of professional diligence that
their business environment is entitled to expect. He is personally liable for the
obligations deriving from his activities with all his assets, i.e. with any right regarding
movables and immovables, intellectual and industrial property, claims, concessions, and
any other property the value of which can be expressed in money.
(7) An entrepreneur will lose his status once he ceases or is obliged to cease his
activities. In this case he will be deleted from the Registry in accordance with Article 48
to 53 of Law No. 9723 on the National Registration Centre.

Comments:

1. Like other laws in the region (Kosovo, Macedonia, Serbia, Slovenia), Article 2 contains
provisions on the role of the self-employed personal entrepreneur. Having abandoned any
reference to specific ‘commercial’ activities, the basic regulatory purpose regarding this
‘classical’ commercial actor (in German commercial law l: ‘the salesman’) derives from the
fact that an organized personal business organization can have an important role in the market

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