Examinando por Materia "Deber de lealtad"

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    Régimen colombiano conflicto de intereses accionistas y administradores : posibles mejoras
    (Universidad EAFIT, 2024) Álvarez Giraldo, Luis Carlos; Perea Martínez, Leslie Vanesa; Díaz Castañeda, Sebastián
    The regime that regulates corporate conflicts in Colombia involves a great normative accumulation, from the Code of Commerce, to legislation such as Law 222 of 1995, Decree 1075 of 2015, Decree 1925 of 2009 and Law 1564 of 2012, however, despite this regulation, However, regardless of this regulation, there are still some gaps or regulatory ambiguities, which is why this writing through an exercise of Colombian jurisprudential review, identification of some weaknesses of our legislation, and comparative law inspection, specifically of Chile and the United States, where the main characteristics that differentiate and resemble them with the Colombian regime are looked at, intends to understand the need for a more flexible and updated regulation, which helps the development of the commercial activities of a company, where the administrators and shareholders are immersed, generating a greater fluidity and legal security to such operations, while providing greater decisional freedom to the administrator giving him access to the management of a risk that leads to a greater capital gain of the company.
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    Régimen de responsabilidad civil de los administradores de las entidades sin ánimo de lucro
    (Universidad EAFIT, 2024) Álvarez Montoya, Juan José; Medina Holguín, Raquel; Jiménez Echeverri, Óscar Fernando
    Currently, a debate has been opened on the civil liability regime of the administrators of Non-Profit Entities in Colombia: Is there or is there no regulation on the matter? This question has raised problematic discussions for judicial operators, administrators and members of this type of entities, since there is no express regulation regarding ESALs in Colombia. The problem seems to be solved when the bylaws delimit the duties or responsibilities or refer to the rules of liability of corporate administrators set forth in a general manner in Law 222 of 1995, but what happens when the bylaws do not establish a civil liability regime for the administrator? Some have opted for the application of rules of entities related to Non-Profit Entities, such as civil societies, and it has even been widely discussed whether it is possible to make use of tools such as analogy or the application of rules that regulate the mandate contract in order to find an answer. In this paper the subject is approached from a broad perspective, with the purpose of deciphering whether there are instruments in the Colombian legal system that allow the application of a civil liability regime to the administrators of this type of entities.