The company is represented by the management, which organizes the work and manages the business, advocates for and represents the company and is responsible for the legality of the company’s operations. The management consists of persons who, in accordance with the law, are authorized by the memorandum of association or the articles of association of the company to conduct the business of the company. Persons authorized to represent shall be entered in the register of companies.
The removal of legal representatives usually happens based on a Decision made by the founder of the company. Nevertheless, in certain cases, the founder of the company does not want or is not able to take the necessary actions to remove the registered legal representative from the Register of Companies as the legal representative of the company.
The management, i.e., the legal representatives, are responsible for the legality of the company’s operations, although – in fact – they do not perform the duties of the legal representative, but are responsible for the company’s operations. In such a situation, the registration of the legal representative makes his position more difficult in terms of finding a new job, but also in terms of tax obligations for the company, which in a certain sense reflect on the legal representative of the company, and various inspection and misdemeanor procedures that may concern the legal representative, although he does not actually perform the function of legal representative.
In cases in which this office has successfully represented legal representatives, and on the occasion of removing a company director from the commercial register (German: Löschung eines Geschäftsführers im Handelsregister) before the Municipal Court in Sarajevo, case number 65 0 Rs. 708909 18 Rs., the Court passed the Verdict on March 29, 2019, determining that the plaintiff does not perform the function of director of the company, and that the Register of Companies is ordered to remove the plaintiff as a director without limitation of authority from the court register of the Municipal Court in Sarajevo within 30 days from the finality of the verdict.
The same result is recorded in the court case before the Municipal Court in Sarajevo number 65 0 Rs 775295 19 Rs, and in the court case before the Municipal Court in Sarajevo number 65 0 Rs 848153 20 Rs in which the court determined the termination of the authority of persons to represent in domestic and foreign trade.
If you need counseling on the topic of removing a company director from the commercial register (German: Löschung eines Geschäftsführers im Handelsregister) as a company, member of the company, director or founder, or you need a corporate law attorney for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).
