THE LEGAL NATURE OF SINGLE-MEMBER LIMITED LIABILITY COMPANIES: A COMPARATIVE ANALYSIS OF NATIONAL AND EUROPEAN LAW

Abstract

The limited liability company with a sole partner has generated significant doctrinal controversies ever since its consecration in legislation, being perceived as an exception, both in the context of the institution of the legal person in general, and of the commercial company in particular. This paper aims to analyze in detail the legal nature of this corporate form, in the light of the national and the European legislation, or, although it represents a genuine limited liability company, its legal regime requires a distinct approach. Thus, the analysis focuses on the way in which the legislator has adapted the European normative framework to reflect the specificity of sole personality, highlighting the particular regulations regarding the establishment and operation of the limited liability company with a sole partner. Also, the paper explores the interferences between these regulations and the general rules which can be applied to commercial companies, thus emphasizing their contribution to the understanding of the legal regime of the limited liability company with a single partner, considering the growing relevance of these companies in the national and European economic landscape.