Corporate
SCS 601/2019 and 3 very relevant interpretations of administrators’ responsibility
How to legally convey a liability for the closure in fact? Through individual action? Or a social action of responsibility?
Are shareholder loans to the company part of the equity? In the year 2020, the Supreme Court has resolved the controversy.
Strict liability excludes interpretations. Otherwise it would not be objective. What is the Equity for the purpose of liability for debts? Does it exclude or include partner loans?
When can the distribution of the company’s funds be considered a damage?
Logically, any distribution of funds that goes against social interests is harmful to society.
Is the administrator who is unaware of the injury that his or her actions generate responsible?
The liability of company directors is regulated in articles 236 to 241 bis of the LSC. The administrators are responsible for the damages caused by their acts or omissions to…
Proxies and Directors in Fact: Are they the same?
It cannot be equated to de facto administrators with proxies. Both their appointment and their liability regime are clearly differentiated.
What are the instructions shareholders can give to the directors of a company?
The LSC reserves exclusive matters for both the Board and the Council. However, this does not prevent the Board from giving instructions to the administrators
When does the prescription period of Directors´ liability elapse?
Liability actions against directors are in any case prescribed after 4 years. Thus, both social and individual actions, as well as liability for debts, will have the same limitation period.…
Can liability action and director’s liability action be joined in the same lawsuit?
Until 2012, the Supreme Court did not rule on the accumulation of two types of shares. The action for liability for debts and the action for liability of administrators.
Necessary requirements to exercise the individual action of responsability against the Directors.
1. Introduction. 2. Requirements for the concurrence of the individual action of liability of Directors. 3. Conclusion. Introduction In previous collaborations, we have talked about the social action of responsibility…
Venture capital and financial assistance: an ordered pair
Until well into 2010, there was practically no Venture Capital without financial assistance. It was in fact an intrinsic part of the business model.
