Examinando por Materia "Debida diligencia"

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    La cláusula del cambio material adverso
    (Universidad EAFIT, 2021) Echavarría López, Marcela Isabel; Palacio Botero, Marcela
    The Material Adverse Clause is used in mergers and acquisitions with the intent to allow the parties to determine the acquirer’s possibility to terminate the contract without incurring in breach of contract. This Clause has had its main development in The United States, especially through jurisprudence of the Delaware Court, that seek to resolve conflicts when an acquirer alleges the existence of a material adverse change in order to terminate the contract. From these, the essential elements will be taken into account in order to understand the concept and legal effects, and from here on, analyze the possibility of using it and applying the Clause and concept of the material adverse change in Colombia.
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    Los criptoactivos como objeto de delito y su necesidad de regulación para restaurar la seguridad jurídica y la sociabilidad económica
    (Universidad EAFIT, 2022) Castrillón Peña, Valentina; Mora Gómez, Julián
    The present work has the purpose of analyzing the possible creation of a legal matrix or a legal framework regarding the use of cryptocurrencies in Colombia. Given the growing importance and recognition that these currencies have received over the time, the place where it stands nowadays, the undeniable immersion in the financial world and the large amount of transactions happening, it is necessary to identify the important elements and the possibility of including them in the colombian legal system, likewise, with the aim of reducing or, at least, controlling, the implications of these virtual currencies in the commission of crimes like money laundering and financing of terrorism. This research work is structured in five chapters: in the first one, the general aspects of cryptocurrencies are presented, the second chapter refers to the performance of cryptocurrencies in the market, where there is a description of all the important elements needed to understand, first hand, the delicate points that integrate all this operations; third chapter includes the national legal system and international regulations associated with cryptocurrencies and their management and control, with the purpose of identifying those practices that are implemented in other countries and suitable with the colombian legal system; in chapter four, the main crimes that are committed in the present are exposed; last, the particularities of the Anti-Money Laundering and Counter Terrorism Financing Risk Management System are explored, and finally, there is an explanation of the ideas that must be taken into account when creating a regulatory framework to regulate and control the transaccions and the management of cryptocurrencies, and prevents their use in the commission of crimes. As a result of the above, and in the development of this topic, we finally present a set of big conclusions and recommendations that can be used as a guide for the substantial transformation of this topic that is becoming a problematic subject in terms of economic, social, cultural, and especially legal order, in reason of the interest that we are involved in based on our legal knowledge and formation. In the dynamic that is corresponded to degree works, investigative projects and development plans, the present work represents a preamble of interdisciplinary nature to the boarding of this topic with such a strong context in the society nowadays and geopolitics; given that it is now a reality and a problem of the cosmovision that we are merged in, with special attention of the legal frame that we are professionally demarcated in.
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    De los contratos de compraventa de acciones
    (Universidad Eafit, 2020) Meza Montoya, Daniel; Vélez Mesa, Felipe; Echavarría Dapena, Alejandro
    As a response to the growing economic dynamics of the last decades, derived from the subscription of Free Trade Agreements with other countries and the liberalization of foreign investment, the practice of corporate operations has increased, mainly, Stock Purchase Operations. These operations are highly influenced by common law practices and are regulated almost entirely by the contractual free will of the parties in stock purchase agreements. The scope of this document is to analyze the provisions and practices generally applied to stock purchase agreements under the postulates of contractual free will, in accordance with Colombian law.
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    La debida diligencia, una herramienta eficaz para la protección de los derechos de la niñez y adolescencia
    (Universidad EAFIT, 2018) Rueda, César Augusto; Vargas Sáenz, Mario Enrique
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    Lineamientos para entender la importancia del riesgo legal y su tratamiento, en el sistema financiero colombiano
    (Universidad EAFIT, 2022) Aldana Duque, Luis Miguel; Uribe Restrepo, Juan Manuel; Jaraba Otálvaro, Isabel
    This article sets out the management of some guidelines, which facilitate the understanding of the importance of legal risk in the entities of the Colombian financial system, based on Colombian and foreign regulation, in order to help strengthen the work of the interested parties: the Financial Superintendence of Colombia, the self-regulator of the stock market, that is the Banco de la República, consumers and financial entities. The possibility of proposing new banking businesses or improving existing ones is stand out, from the perspective of legal risks. The concept of legal risk was analyzed, and interviews were conducted with officials from three financial entities, which helped to propose a definition of legal risk, since currently there is no one that is precise and applicable to the financial system. Due diligence and management of legal risks is stand out, aligned with the strategy of the financial entities analyzed, to finally propose an analysis of the most important legal risks, because at the present is possible that they are the ones that are breached in high grade.
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