Page 73 - Albanian law on entrepreuners and companies - text with with commentary

submit state of accounts, including consolidated accounts, progress reports, Supervisory
Board reports and auditor’s reports. These obligations may be fulfilled by placing
information on a company website and informing the employee council about this way
of publication. Otherwise, answers may be requested to be in writing. Electronic means
of communication may be used.
(3) The Employee Council may also directly inform itself about company
performance and inspect books and documents. It will deliver opinions and suggestions
to the managing organs with respect to the matters mentioned in paragraph 2. The legal
representative shall notify the Employee Council of the reasons for not accepting its
opinions and suggestions.
(4) The Statute may not preclude or restrict the exercise of the rights referred to in
paragraphs 2 and 3 unless an equivalent system has been agreed between the legal
representative and the Employee Council. If the legal representative refuses to provide
the information as of paragraphs 2 and 3, the Employee Council may, within 2 weeks
after the refusal, request the competent court to decide on the obligation to inform.
(5) The Employee Council shall report about its activities to the assembly of
company employees at least twice yearly or if the majority of employees so requests.
(6) Costs of council election and operation are covered by the company.

Article 21
Employee Participation at Board Level in Joint Stock Companies
The legal representative of the company and the Employee Council may agree that
the Employee Council may nominate persons to represent the employees at board level.

PART II
GENERAL PARTNERSHIPS

Comments:

1. We mentioned in Chapter B.V. that Civil Code provisions on simple partnerships
(Articles 1074 to 1112) and Company Law provisions on partnerships are strongly related.
We will see in the next section how this relationship works. Our Comments on Article 1
highlighted the main difference between Civil Code and Company Law partnerships: simple
partnerships do not pursue economic activities which ‘require an ordinary business
organization’. This is why they usually do not need to register and do not have legal
personality. However, the Business Registration law of 2007 introduced mandatory
registration for simple partnerships. However, registration does not confer legal personality on
them. (Article 42 (2) Business Registration Law). This consequence was chosen quite
artificially because otherwise no difference to general partnerships would have remained.

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