Examinando por Materia "Sociedades comerciales"
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Ítem Análisis comparativo entre la Ley 1116 de 2006 y el Decreto 560 de 2020 : los incentivos económicos de cara a la función conservativa en los procesos de insolvencia(Universidad EAFIT, 2023) Jiménez Reales, Cristian Daniel; Martínez de Ávila, Jorge Enrique; Villa García, Luis FelipeThe corporate insolvency regime in Colombia is framed in Law 1116 of 2006, such regulatory provision arose because of the advances that had been achieved in the country in insolvency matters, mostly through decrees, and that served as a starting point for the current Colombian insolvency regime. Law 1116 was issued in 2006, and has been complemented by subsequent provisions that have contributed to form a regulatory framework in terms of insolvency law, such as Decree 1429 of 2010, which have contributed to further strengthen the regulatory body of insolvency law in Colombia, however, economic incentives and disparities between rules issued during the pandemic remain a pending task, the insolvency processes regulated by Decree 560 of 2020 during the COVID-19 pandemic allowed companies to initiate more agile and efficient processes during the crisis pandemic, which achieved the protection of credit, employment and the company by enforcing the conservative function of insolvency law. Therefore, it is essential that the incentives that showed very good results in the 2020 crisis are maintained over time and can contribute to further improve the national economy.Ítem Ley de sociedades comerciales de beneficio e interés colectivo : ¿un avance para un régimen jurídico de responsabilidad social empresarial en Colombia?(Universidad EAFIT, 2020) Moreno Botero, Juan Miguel; Arango Espinal, MónicaIn this text, the author analyzes BIC corporations under a context of corporate social responsibility or CSR. To do that, the concept of social responsibility of business is studied both in Colombia and in other countries. This will lead to conclude how the state of art in Colombia is right now. With this information, it will be analyzed if the new law brings an important advance in this regime, having to observe the positive and negative aspects of the recent regulation. This will lead to a necessary focus on the objectives of the law and its actual results. After that, the author analyzes if the incentives that these BIC stamps give to corporations are effective compared to the obligations that come with them and if the law effectively regulates some possible conflictive situations that may come with CSR.Ítem Protocolo de familia como alternativa de relevo generacional en la empresa Hermanos Serna Aristizábal(Universidad EAFIT, 2021) Serna Cárdenas, David; Mora Cuartas, Andrés MauricioÍtem 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 FernandoCurrently, 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.