Studies and researches
1/2024
The Mandate Relationship in the Corporate Governance of Romanian State-Owned Enterprises
After
two decades of uncertainties and legislative instability, following the
anti-communist Revolution of December 1989, the reform of Romanian state-owned
enterprises' management to a system of corporate governance was imperative. The
Government Emergency Ordinance no. 109/2011, subsequently amended by the Law
no. 111/2016, has modernized their management and administration system,
ensuring greater transparency and increased control over the operations of
public enterprises. At the base of these entities' relationship with their
administrative and executive management structures there are mandate contracts,
which impose specific obligations on the agents, as well as a system of
accountability meant to ensure that the state is permanently informed on the
operations of the enterprise, that the acts concluded on its behalf are correct
and legal and that, should the public authority loose trust in the management,
it could immediately hold them accountable, in order to recover the losses and
put the activity of the enterprise on the right and lawful path again. In our
study, we shall analyse the content and the juridical nature of this mandate
relationship, with its national specificity, given by the incidental
regulations from Romanian legislation.
corporate governance, state-owned enterprises, autonomous enterprises, joint-stock companies, mandate
L22, K12, K15, K22
L22, K12, K15, K22