Page 88 - Albanian law on entrepreuners and companies - text with with commentary
P. 88

Article 50
                             Procedure in Case of One Remaining Partner
                 (1)  If  for  any  reason  only  one  partner  remains,  he  shall  either  take  all  the
            necessary  measures  to  adapt  the  general  partnership  within  6  months  to  the
            requirements  of this law, or transfer its  activity to  a  newly established company that
            accepts the existence of a sole shareholder or continue the business as an entrepreneur.
                 (2) If within the time limit referred to in the previous paragraph a partner fails to
            register the change with the National Registration Centre, the general partnership shall
            be deemed dissolved and shall be liquidated pursuant to the provisions of this law. Any
            interested person may address the court to determine the dissolution of the partnership.

                                           Article 51
                               Continuation of Partnership with Heirs
                 (1) A general partnership shall continue with the heirs to a deceased partner, if so
            provided by the Statute and accepted by the heirs.
                 (2) The heirs may exercise the right referred to in paragraph 1 within 30 days from
            the date the court competent to issue the certificate of succession in accordance with the
            Civil Procedure Code issued the same certificate.

                                           Article 52
                              Entry in the National Registration Centre
                 All partners shall report the dissolution and the exit of a partner 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.

                                           Article 53
                            Solvent Liquidation of the General Partnership
                 After dissolution, solvent liquidation of the General Partnership shall be carried
            out in accordance with Articles 190 to 205 of this law.

                                           Article 54
                               Prescription of Claims against a Partner
                 (1) Claims against a partner for commitments of the general partnership must be
            brought  within  3  years  after  the  dissolution  unless  the  claim  towards  the  general
            partnership is subject to shorter prescription.
                 (2) Prescription starts from the day on which the dissolution of the company was
            registered.


                                                                              87
   83   84   85   86   87   88   89   90   91   92   93