Author name: 401fa40a14

Nullity of social agreements due to infringement of the right to information The partner’s right to information in limited liability companies is included in art. 196 LSC: “1. The partners of the limited liability company may request in writing, prior to the general meeting or verbally during it, the reports or clarifications they deem necessary […]

Validation of corporate agreements declared void Contrary to what the Mercantile Registrars have been interpreting, the General Directorate of Registry and Notaries (DGRN) considers that they can be validated, that is, Corporate agreements declared null and void by final judgment may be registrable in those cases in which the declaration of nullity of the agreements

Corporate administrator responsibility with expired position The administrator with an expired position is responsible for company debts if, after the position expires, he continues as a de facto administrator Regarding the responsibility of administrators in cases of harmful administration in which de facto and legal administrators coexist – it is proven that the formal appointment

Challenging corporate resolutions of the General Meeting The General Meeting is the body of the company where the corporate resolutions approved by a majority are adopted. Common questions, after the approval of agreements that do not benefit the social interest of the company or individual of the specific partner, are: Can the approved agreement be

Dissolution of corporations and limited companies The dissolution of the public limited company for legal or statutory reasons is not automatic The process of legal extinction of a company (whether anonymous or limited) is basically made up of three phases that take place successively. This process begins with the dissolution, at which time the company

Right of separation of the partner Concept of the Right of Separation Every partner in a commercial company< /strong>, you can dispose of your share or participation, agreeing a sale with another partner or with a third party, in exchange for the perception of an economic amount equivalent to the value of the share that

Dissolution of a company due to the paralysis of corporate bodies In my last post, «Dissolution of public limited companies and limited companies» I made a brief analysis on the non-automatic dissolution of a company and the existing legal resources aimed at preventing a company in the process of dissolution from remaining in traffic indefinitely.

Can I kick my partner out of the company? Exclusion of Partners Can a partner be fired from a company? Can the majority partners agree to the expulsion of a partner? And if that partner is also an administrator of the company? On occasion, our clients have raised the possibility of kicking out a partner

Capital Companies and the determination of the corporate purpose The incorporation process of any capital company, whether anonymous or limited, ends with the registration of its articles of incorporation before the Mercantile Registry, which appropriate. Along with said deed a series of documents must be provided, including the Social Bylaws which, among other necessary mentions,

The usufruct of participations or social shares and their liquidation The holder of a right to usufruct over any movable or immovable property has a real right of enjoyment or enjoyment over another’s property, that is, it holds the right to obtain its fruits or yields. Art. 127 of the Ley de Sociedades de Capital