Criminal defense for mental disorders and abnormalities Among the Criminal Lawyers It is known and commented that “when rationally and legally we cannot find another possible defense, we have no choice but to go to the defense for “MENTAL disorder, alteration or illness… : “They are exempt from criminal responsibility: Anyone who, at the time […]
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USA. Protests in criminal proceedings: summary practical view To practice law before the courts of Justice of the United States, both at the Federal and State levels, and once the Bar Examination has been passed or proof of capacity required by each State, and also, where appropriate, at the Federal level to be able to
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Radical transformation of “litigation” As Court Lawyers, especially criminal lawyers, we have always liked to conceptualize ourselves and, even, internally visualize ourselves as “seasoned warriors of Justice “, that armed with powerful and convincing arguments, we boldly and courageously confront the powerful and insatiable “Accusing Dragon” represented by the State Attorney’s Office… But the truth
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Judgment estimating claim for subordinated obligations The judgment of Madrid Court of First Instance No. 37 of February 24, 2015 upheld a claim against Banco CEISS (formerly Caja Duero) for investment in subordinated obligations. The ruling declares the investment null and void due to faulty information to the plaintiffs and acknowledges the conflict of interest
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Purchase and sale of company shares The following is the Buying and selling of company shares, an issue that worries partners who want to get rid of all or part of their share in a company , and they want to know the limitations that the law imposes on them. In the same way, this
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Nullity of social agreements that do not appear on the agenda Issues not included in the agenda We address as an object of study, whether or not an resolution adopted in a general meeting of partners is challengeable or not without having been included in the agenda.< /p> Art. 174 of the Ley de Sociedades
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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
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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
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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
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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
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