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Commercial Law

Indemnización por el cierre del negocio durante el Estado de Alarma

Compensation for the closure of the business during the State of Alarm

Compensation for the closure of the business during the State of Alarm Can compensation be claimed from insurance companies for the stoppage of the economic activity of a business as a result of covid-19? Since the pandemic derived from COVID-19 was declared by the World Health Organization (WHO) and the serious damage that it produced […]

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Sentencia estimatoria de reclamación por obligaciones subordinadas

Judgment estimating claim for subordinated obligations

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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Nulidad de acuerdos sociales por infracción del derecho de información

Nullity of social agreements due to infringement of the right to information

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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Convalidación de acuerdos sociales declarados nulos

Validation of corporate agreements declared void

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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Responsabilidad administrador societario con cargo caducado

Corporate administrator responsibility with expired position

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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Impugnación de acuerdos sociales de la Junta General

Challenging corporate resolutions of the General Meeting

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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Disolución de sociedades anónimas y sociedades limitadas

Dissolution of corporations and limited companies

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

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