Commercial Law

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

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

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