الجوانب القانونية لتخفيض رأس المال في الشركة ذات المسؤولية المحدودة

الملخص EN

The limited liability company is confronted, during its life, with various circumstances which constraint it to reduce its capital, because it can be forced to do so with successive losses that it has underwent.

It can neither be compensated by future profits, nor by an excess of its capital for its needs.

The process of cutting off the capital is considered as one of the most dangerous decisions that lead to capital reduction, which is regarded as the only guarantee/warranty for creditors and may not be violated/is not permissible to prejudice.

Consequently, the legislator approved a set of legal mechanisms guaranteeing the creditors' protection that must be issued by the extraordinary general assembly with the approval of the majority of the partners holding three quarters of the capital, granting creditors the right to object whenever it results from an increase in the capital.