Prohibition of the restitution of the contribution as an effective instrument of creditors protection

Abstract

The author comes to the conclusion that the prohibition of the restitution of the contribution pursuant to the Section 16 (1) of the Business Corporations Act represents a rule for maintaining the capital and an effective instrument of creditors protection. The author comes to the conclusion that if a capital company and its shareholder enter into an agreement the mutual performances must be equivalent.

Keywords

• Business Corporation
• creditors protection