The independence principle for the subject of administration of stock trading companies. Comparative study of European legislation

One of the main contemporary reforms of the trading companies in Romania has been realized through Lawno. 441/2006, through which, besides the introduction of corporatist government principles, other legislations and otherconceptions of absolute novelty have been transplanted. Among these new principles there is also the independentadministrator, which founds its regulation in art. 1382 from Law no. 31/1990 according to which through the constitutivepaper or through the decision of the general assembly of the stock holders, can foresee that one or more members of theadministration committee to be independent”. The appointment of some independent administrators represents putting inapplication of the principles of the Organization for Cooperation and Economical Development concerning newcorporatist governing concepts by implementing of some fundamental rights of the stock holders, rights that the stockholders detain apart from their participation to the social capital. In Romania, in comparison with countries like England,France, Spain, Germany, where the corporative governing has reached another implementation level, the new principlesbrought in the life of the stock trading company, concerning its management, is at the beginning of the road; the next stepis to confirm or, on the contrary, contest their necessity.