BUSINESS LAW 4, 5, 6 - Company law Flashcards
(42 cards)
What are the subjects of law?
State, natural persons (humans), legal persons (organizations)
In business life, entrepreneurs (natural persons) and companies (legal persons) play an important role, along with cooperatives.
What are the two main reasons for choosing a company form over entrepreneurship?
- Limited liability
- Easier to collect capital
What is one of the most important aspects to consider when deciding the form of business activity?
Taxation
What does company regulation typically include?
- Commercial codes
- Separate company laws
In Hungary, where are companies regulated?
In the Civil Code
What is the definition of a company?
Legal persons established by the monetary or in-kind contributions of their members for the pursuit of their common businesslike economic activities
List the forms a company may be established in.
- General partnership
- Limited partnership
- Limited liability company
- Company limited by shares (stock corporation)
What are the minimal capital requirements for an LLC in Hungary?
3.0 M HUF
What forms of contribution can be made to a company?
- Monetary
- In-kind (not monetary)
- Tangible asset
- Intellectual property
- Property right
- Claim
What does legal personality mean in the context of companies?
Legal personality separate from its members
What is the main rule for profit and loss sharing in companies?
In proportion to the financial contribution
What is required for a company name?
It should differ from other companies’ names registered in Hungary
What is the main activity of a company?
You may do everything that is not prohibited or restricted by law
What is the purpose of the company registry?
Publicity and authenticity
What are the stages of company formation?
- Conclusion of the articles of association
- Signature of the articles by a lawyer
- Registration of the company with the company court
Who is the highest organ of a company?
Members’ meeting
What is the role of the supervisory board?
Controlling body of the members with insight to each document
What is the definition of a general partnership?
Members undertake to make contributions and bear unlimited, joint and several liability for obligations not covered by partnership assets
What happens to a member’s liability after they leave a general partnership?
The former member is liable for the debts of the partnership incurred prior to termination for up to five years
What differentiates a limited partnership from a general partnership?
At least one general partner has joint and several liability, while limited partners are not liable unless otherwise provided by law
What is a limited liability company?
A company formed through the provision of an initial capital where the liability of members is limited to their contributions
What is the minimum required initial capital for a limited liability company in Hungary?
3 million HUF
What is a core deposit in the context of a limited liability company?
The capital contribution of members provided in the form of core deposits
What is the supreme body of a limited liability company?
Members’ meeting