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Maintaining a Register of Partners in a Private Limited Company

Author:
Issue 2015/1
Pg 10-15

Summary

The register is a collection of data, a technical means to manage information, keep track of something. Therefore the question, by whom and on what grounds should records be kept concerning the partners of a private limited company, should not be particularly significant. Nevertheless, it is one of the questions raised in relation to the plan of codifying company law. At that, in the case of shares of private limited companies, the main substantial aspect is the public availability of registry data and its legal effect, which, in turn, directly relates to technical solutions – who maintains the register and how data is added. Therefore, the technical issue of registries becomes substantive as soon as the focus is turned to the public reliability of registry data or its legal effect. The meaning of data in a registry directly depends on the extensiveness of the control which precedes the register entry. By taking this route, we arrive at the issue of formal requirements for transactions, which is why the author finds that the technical side of registry maintenance and the formal requirements for transactions cannot be viewed separately.

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