Examinando por Materia "SOCIEDADES CIVILES (DERECHO)"

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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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    La estructura, el funcionamiento y los instrumentos que deben regular las empresas de familia, para garantizar su continuidad en el tiempo
    (Universidad EAFIT, 2021) Restrepo Luján, Mariana; Arango Espinal, Mónica
    Family Companies in Colombia, and in many other countries, are considered as great drivers of the economy and development. For this reason, their subsistence in time is essential. This writing seeks to analyze Family Companies in terms of their composition and structure, their main characteristics and their operation. It seeks to identify the main conflicts that arise between corporate and family bodies, within Family Companies and the main mechanisms to prevent and resolve such conflicts. With this analysis, this writing intendeds to expose the great importance that Family Companies have in the Colombian economy, since a large part of it depends on them. Their subsistence is absolutely necessary for the progress and economic growth of the country.
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    Mecanismos de protección de asociados minoritarios en grupos empresariales y situaciones de control
    (Universidad EAFIT, 2020) Villa Noreña, Mariana; Henríquez Kitchen, María José; Arango Espinal, Mónica
    The main objective of the following work is to inquire and clarify what does the Colombian legal system and doctrine understand by subordination and entrepreneur groups. In the same way, analyse some issues related to minority shareholder’s protection in these structures, as well as determine different mechanisms that these shareholders have to make effective the protection. The above will be done through the study of Colombian law and jurisprudence, doctrine in corporate matters, as well as reference to comparative law.
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    Ítem
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    La responsabilidad de los administradores en Colombia : un análisis sobre la conveniencia de la regulación actual en materia de responsabilidad de los administradores en el derecho societario colombiano
    (Universidad EAFIT, 2020) Sierra Gutiérrez, Pablo; Posada Botero, José David
    Currently in Colombia, the responsibility of the managers is regulated by the Law 222 of 1995. Inside this Law, the regulations transform form an only Roman-Germanic tendency to a regulation with also Anglo-Saxon concepts included in corporate law. Through this Law the Congress determined how the special regime of responsibility on managers of companies is going to operate. Although, it has been identified that in commercial matters, a regulation derived principally from Anglo-Saxon Law could bring more benefits to the economy and merchants, because this could bring a better harmony between normativity and reality. Having said that, there was a project of law that proposed a new regulation of the special regime of the managers, using laws form USA to use as a guide. This project wasn’t successful in the Congress, but the high courts have used principles from Delaware Laws to decide in cases where they wanted to identify if there was responsibility from the managers of companies. Having said this, a discussion begins on this matter, analyzing if the current law on the special regime of responsibility of the managers should or shouldn’t have a reform or a modification. We proceed to make an analysis on the current situation and afterwards determine what could be a personal recommendation that could be proposed for this matter.