ABUSE OF MEMBER RIGHTS AND INCONGRUENT SECURITY AND SETTLEMENT OF CLAIMS

Abstract

This paper presents the management of a business company, as the most common form of legal entity over whose assets
bankruptcy proceedings are being conducted. Emphasis is placed on companies in the form of a limited liability company, with a small number of members, as the most common form of economic activity in Bosnia and Herzegovina. Considering that this form of business company has its own legal subjectivity, and the shareholders are responsible for the obligations of the company up to the amount of their shares, with this form of business company in our positive legislation, the institutional the capacity of the company in relation to the companies of persons to the forms of business companies. However, institutional capacities, regardless of legislative solutions, cannot come to the fore in situations where companies have only one member or a few of them who are family-related. Due to such circumstances, it is not uncommon for the owner of the share to abuse his membership rights, in situations where the company is insolvent. The owner of shares or shares tries to extract or encumber the assets of the company in his own favor through a series of legal transactions, and then initiates bankruptcy proceedings in order to delete the company from the court register. Through the work, author 1 points to the unusual settlement and/or securing of the claims of share owners and other creditors in situations of insolvency of a company, just before the initiation of bankruptcy proceedings, and the possibility of applying the institute of refutation of legal actions in bankruptcy proceedings to specific cases, with the condition of fulfilling the requirements defined by law assumptions.