Notarial Control over Transactions Concluded by Business Companies (Using the Example of a Convertible Loan Agreement)

The positivation of the convertible loan agreement as a legal instrument necessary for organizing an investment process aimed primarily at supporting SMEs required a scientific and practical understanding of not only the legal essence of the relevant transaction, but also the factors that contribute to the inclusion of a notary in the execution of this transaction. The involvement of a notary in the execution of an obligation based on a convertible loan agreement is not an accident, but rather a legislative step towards the establishment of a notarysupervised concept for LLCs. This article provides a brief overview of the legislative novelty that provided the domestic legal system with the concept of a convertible loan agreement, an analysis of the doctrinal positions regarding the understanding of “notary control”, and an exploration of the author’s perspective on the nature of notary control in the execution of a convertible loan agreement.