Commercial Law and Economic Law Section

A Contemporary View of the Advantages and Disadvantages of Different
Legal Forms of Companies

The aim of the section on commercial law is to “update the perspective” on the advantages and disadvantages of the different legal forms of companies, since the decision-making of founders is no longer primarily based on the “traditional” arguments about the favourable amount of the share capital or the extent of the liability of the shareholders in a limited liability company. Conference participants will have a wide space to identify and emphasize any aspects of legislation in other forms of companies that they consider to be legally or economically friendly and thus ,”attractive” for founders, while an interdisciplinary perspective is also welcome (e.g. the issue of tax optimization when deciding between a partnership and a limited liability company). The creation of a more “contemporary perspective” on company law is (inter alia) also interesting for the reason that, although e.g. the number of newly created simple joint-stock companies has not met the expectations of the legislator, in the seventh year of the legislation in question it is already an adapted legal form and a number of provisions have proved to be better reflecting the requirements of the emerging generation of entrepreneurs (e.g. the more flexible “set-up” of the members of the statutory body of a simple joint-stock company outside the company, which would not be possible in some other legal forms due to the violation of the anti-competition law). Despite the fact that the communication will probably focus on companies, the participants of the conference may also deal with cooperatives (inter alia) in their presentations, reflecting the fact that some of the most important business entities in the Slovak Republic take this legal form.

Guarantors of the section:

prof. JUDr. Mojmír Mamojka, PhD.

doc. JUDr. Peter Lukáčka, PhD.