Abstract:
Our regulation in the field of companies has faced and undergone numerous changes both in terms of
ideology but especially in terms of circumstances. Without making an exhaustive and complete historical presentation
of the evolution of company regulations in Romania, we mention only the provisions of the Commercial Code and of
Law no. 31/1990 as the contemporary benchmarks with regard to the relevant provisions of the regulations on
(commercial) companies with legal personality but also in the matter of the administration of companies.
These two pieces of legislation have successively undergone changes as a result of the need to adjust them to the
current social reality and then as a result of need to align them with the standards imposed by the Community law in
the matter of companies and that of the administration of companies.
The Commercial Code, in its initial form, mentioned the position of administrator at art. 90 par. (8) when
specifying the content of the instruments of incorporation or the statutes of anonymous companies and those of limited
partnerships. This form of the article was preserved until 23.08.1940 when it was modified by the Commercial Code
of Carol II - Decree-Law no. 2773/1940 for the implementation of the Carol II Commercial Code.
This form of the Commercial Code, except for the provisions regarding the company and administration
abrogated by the Law no. 31/1990, remained in force until the entry into force of the new Civil Code.
