THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW

The limited liability company with a sole partner has generated significant doctrinal controversies ever since its consecration in legislation, being perceived as an exception, both in the context of the institution of the legal person in general, and of the commercial company in particular. This pa...

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Main Author: BOSTAN, Ina
Format: Article
Language:English
Published: Technical University of Moldova 2025-03-01
Series:Journal of Social Sciences
Subjects:
Online Access:https://press.utm.md/index.php/jss/article/view/2025-8-1-13
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author BOSTAN, Ina
author_facet BOSTAN, Ina
author_sort BOSTAN, Ina
collection DOAJ
description The limited liability company with a sole partner has generated significant doctrinal controversies ever since its consecration in legislation, being perceived as an exception, both in the context of the institution of the legal person in general, and of the commercial company in particular. This paper aims to analyze in detail the legal nature of this corporate form, in the light of the national and the European legislation, or, although it represents a genuine limited liability company, its legal regime requires a distinct approach. Thus, the analysis focuses on the way in which the legislator has adapted the European normative framework to reflect the specificity of sole personality, highlighting the particular regulations regarding the establishment and operation of the limited liability company with a sole partner. Also, the paper explores the interferences between these regulations and the general rules which can be applied to commercial companies, thus emphasizing their contribution to the understanding of the legal regime of the limited liability company with a single partner, considering the growing relevance of these companies in the national and European economic landscape.
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spelling doaj-art-8743e7194cb44bcf9fbd7d52305954df2025-08-20T02:07:59ZengTechnical University of MoldovaJournal of Social Sciences2587-34902587-35042025-03-0181180189https://doi.org/10.52326/jss.utm.2025.8(1).13THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAWBOSTAN, Ina0https://orcid.org/0000-0001-9191-8885Technical University of Moldova,168 Ștefan cel Mare Blvd., Chisinau, Republic of MoldovaThe limited liability company with a sole partner has generated significant doctrinal controversies ever since its consecration in legislation, being perceived as an exception, both in the context of the institution of the legal person in general, and of the commercial company in particular. This paper aims to analyze in detail the legal nature of this corporate form, in the light of the national and the European legislation, or, although it represents a genuine limited liability company, its legal regime requires a distinct approach. Thus, the analysis focuses on the way in which the legislator has adapted the European normative framework to reflect the specificity of sole personality, highlighting the particular regulations regarding the establishment and operation of the limited liability company with a sole partner. Also, the paper explores the interferences between these regulations and the general rules which can be applied to commercial companies, thus emphasizing their contribution to the understanding of the legal regime of the limited liability company with a single partner, considering the growing relevance of these companies in the national and European economic landscape.https://press.utm.md/index.php/jss/article/view/2025-8-1-13commercial companylimited liability companylimited liability company with a sole partnersingle-member company
spellingShingle BOSTAN, Ina
THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
Journal of Social Sciences
commercial company
limited liability company
limited liability company with a sole partner
single-member company
title THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
title_full THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
title_fullStr THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
title_full_unstemmed THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
title_short THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW
title_sort legal nature of single member limited liability companies a comparative analysis of national and european law
topic commercial company
limited liability company
limited liability company with a sole partner
single-member company
url https://press.utm.md/index.php/jss/article/view/2025-8-1-13
work_keys_str_mv AT bostanina thelegalnatureofsinglememberlimitedliabilitycompaniesacomparativeanalysisofnationalandeuropeanlaw
AT bostanina legalnatureofsinglememberlimitedliabilitycompaniesacomparativeanalysisofnationalandeuropeanlaw