Examinando por Materia "Abuso del derecho al voto"

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    Ítem
    Ejercicio abusivo del derecho al voto : materialización e implicaciones probatorias
    (Universidad EAFIT, 2020) Quintero Gómez, Susana; Córdoba Giraldo, Juan Esteban; Posada Botero, José David
    As a result of the enactment of law 1258 of 2008, several innovations were introduced to the Colombian legal system, specifically in corporate law. Among those incorporations there is a new type of partnership called Joint Stock Company, as well as a new legal figure known as the abuse of the right to vote. However, this new figure was not adequately demarcated nor a proper application procedure was established. Thus, the most important requirements and criteria for its materialization have been recognized through precedent case law by the Superintendencia de Sociedades, in the fulfilment of its jurisdictional functions. For the effective declaration of an abuse of the right to vote, the aforementioned entity has established a high burden of proof which is usually satisfied through circumstantial evidence and thus shareholders face multiple obstacles to achieve its effective declaration. The present undergraduate work aims to highlight the key points that any shareholder interested in applying the abuse of the right to vote figure must consider regarding the evidence needed for the case. This process included the study of the legislation related to the abuse of the right to vote, specifically, through the analysis of multiple decisions the Superintendencia de Sociedades has taken; which will illustrate the requisites to bestow a favorable ruling to the interested shareholder.
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    Ítem
    Protección legal y jurisprudencial frente el abuso del derecho al voto en sociedades
    (Universidad EAFIT, 2023) Posada Aparicio, David; Wagers Velásquez, Miguel; Gaviria Gil, Juan Antonio
    This paper studies the issue of abuse of voting rights in Colombian companies, focusing on the different types of shareholder oppression through abusive voting: minority, majority, and parity shareholder. The paper analyzes the main rulings issued by the Superintendence of Business Associations and the legal and jurisprudential protection methods in place. The remedies for such abuses may include the nullity of a corporate decision or monetary damages damages. The paper also presents some cases decided by the Superintendence of Corporations that allows an understanding of the application of these mechanisms in the current context of Colombian companies.