With the Decision of the Constitutional Court of the RM from 18 December 2018, published in the “Official Gazette of the Republic of Macedonia” no. 239/2018 on 25 December 2018, the point 5 from paragraph 2 in Article 29 of the Law on Trade Companies (“Official Gazette of the Republic of Macedonia” “No. 28/2004, 84/2005, 25/2007, 87/2008, 42/2010, 48/2010, 24/2011, 166/2012, 70/2013, 119/2013, 120/2013, 187/2013, 38/2014, 41/2014, 138/2014, 88/2015, 192/2015, 6/2016, 30/2016, 61/2016, 64/2018 and 120/2018) HAS BEEN ABOLISHED, i.e. the point in which it was stipulated that the company can not be established by the shareholders, managers, members of the management body and the supervisory body of the companies for which a procedure for deletion has been initiated in accordance with Article 552-b of the Law on Trade Companies during that procedure and in a period of three years from the date of publication of the deletion of the company on the website of the Central Registry, except by the founders, i.e. the shareholders which are international financial organizations of which the Republic of Macedonia is a member and whose participation in the company’s equity is less than 50%.
Regarding the Authentic Interpretation of the Article 29 paragraph 2 item 4 of the Law on Trade Companies given by the Parliament of the Republic of Macedonia on 24 October 2018, published in the “Official Gazette of the Republic of Macedonia” no. 195/2018 on 25 October 2018, with correction of the interpretation published in the “Official Gazette of the Republic of Macedonia” no.225 on 10 December 2018, the Parliament of the Republic of Macedonia stated that the point in which it is stipulated that a company can not be established by a person who is a shareholder of a limited liability company (DOO) or a founder of a limited liability company founded by one person (DOOEL) whose transaction account is blocked, while the blockade on the transaction account of the company lasts or while the procedure for liquidation or bankruptcy has not been opened over the company; shall be interpreted so that the prohibition for that person concerns only the establishment of a new company, and not for acquiring a share in an already established i.e. existing company.
If you need any further information and advice regarding the published, please feel free to contact us here.
Source of the published regulations: www.slvesnik.com.mk