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This work seeks to analyze the implications of the fact that our Business Companies Act No. 16,060, in its section 365, expressly provides the contravention of corporate interest as a cause for challenging Shareholders' Meetings. To this end, we offer a brief review of the theories that academic scholars have written regarding the content of corporate interest, we analyze whether there is a legal definition of this concept in our law, and finally, we ask ourselves about what it implies, what are the consequences of it being included as a ground for challenging Meetings. [ABSTRACT FROM AUTHOR]

The article carries out an analysis of the private entrepreneur and its conversion as a Limited Liability Company in Corporate Law, how it has been introduced into the Cuban legal system from its origins, characteristics as a new economic actor, elements that distinguish MSMEs, legal nature, social order conceived for the execution of commercial activities in joint trade acts with the public company, mandated from the constitutional text of 2019, in the update of the new Cuban social economic model. The methods used were the analysis, synthesis of materials from Commercial Law to break down the information, the logical history of the stages of Corporate Law of the SRL, induction deduction to deduce and arrive at elements of value judgments, the legal exegetical, the bibliographic review of materials on MSMEs, and the legal comparison of legal norms on the constitutive process of the commercial company. The analysis of the normative regulation of the MIPYMES in Cuba, as an actor in the productive development for its contribution to the generation of jobs, in the number of companies and, for its weight in the GDP of the country. Required preferential tax treatment, facilities for access to financial credit by the Bank, entities that oversee its development and promotion, that regulate the diversity of legal forms that they adopt as businesses in the legal system such as SRL, SURL or SL in attention to the Commercial Code and substantive law, and the need to issue a Business Law, which sets out the boundaries and demarcations with the public company. [ABSTRACT FROM AUTHOR]

Copyright of AIS: Ars Iuris Salmanticensis is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Cuban Corporate Law has its antecedents before 1959 in objective law; With the triumph of the Revolution, it is forgotten to make use of the Commercial Code of 188, the stage of nationalization overshadowed the private sector with nationalization. The recognition of private actors is resumed at the end of the 20th century, it occurs in its last decade, with the reopening of the small entrepreneur (TCP) and the corporate form of the Public Limited Company before the debacle of the socialist camp and the CAME. In the 21st century, private property is recognized in the 2019 constitutional text, with the associative form of the SRL, by promoting MSMEs in communion with private companies. Objective: an analysis of the private entrepreneur and the Simplified Stock Company is carried out in the doctrine and regulations of Corporate Law, the need to be introduced into the Cuban corporate legal system, as a new economic actor, by promoting MSMEs for the execution of activities jointly with the public company. Materials and methods: the analysis, synthesis of materials of Commercial Law were used to break down the information, the logical history of the stages of Corporate Law of the SAS, induction deduction to deduce and arrive at elements of value judgments from the general to the particular, the legal exegetical, the bibliographic review of materials on MSMEs, and the legal comparison of legal norms on the constitutive process of the commercial company of this new corporate type. Results: recognize simplified stock companies within the corporate legal system, in order to expedite the procedures of entrepreneurs before the Ministry of Economy and planning, how to update the legal regulations related to Commercial Law in Cuba. [ABSTRACT FROM AUTHOR]

Copyright of Estudios sobre el Mensaje Periodistico is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Iuris Tantum is the property of Investigaciones y Estudios Superiores, AC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Judgment 582/2023 of 20 April held that an investment agreement clause guaranteeing a new shareholder a minimum investment return constitutes prohibited financial assistance. The Supreme Court therefore confirms that the restrictive interpretation of a prohibitive rule does not extend, in particular, to interpreting the forms in which prohibitive financial assistance can be granted, which are open-ended under the Spanish Companies Law. [ABSTRACT FROM AUTHOR]

This is mainly a systematic and interpretative article. It identifies the main aspects to be taken into account to resolve the contradictions caused by financial assistance being prohibited and leveraged mergers being regulated specifically. It also offers a solution to the problem based on basic Spanish law principles. [ABSTRACT FROM AUTHOR]

The article analyzes the reform project of the Uruguayan Commercial Companies Law No. 16.060, which seeks to make substantial changes to the current regime regarding commercial companies. Two important changes are highlighted: the possibility of genetic singularity in the anonymous society and the limited liability company, and the consolidation of autonomy of will as a general principle in the design of contracts or social statutes. The project was presented by senators Lilian Kechichian and Carmen Sanguinetti, and senators Carlos Camy and Raúl Lozano, and was developed by commercial law professors Ricardo Olivera García, Alicia Ferrer Montenegro, and Alejandro Miller Artola. [Extracted from the article]

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Tracking Stocks are a type of shares that have found support in different comparative law corporate legislation. These shares undoubtedly respond to the new demands of the market, and are a fundamental tool in corporate matters. With a new projection of reform of the Commercial Companies Law, in particular of section 307, the tracking stocks become a legislated reality. For these reasons, this paper seeks to address the particularities of this institute, its legal nature, what practical implications it has regarding the economic and political rights of shareholders, and in particular, what have been the arguments put forward by our national doctrine to consecrate them even without express legislation. Having established these bases, the reader is introduced to the changes and solutions implied by its regulation in the projected reform, concluding with some considerations that the topic under study has deserved. [ABSTRACT FROM AUTHOR]

The article titled "Societal Undercapitalization and the New Paradigm of Commercial Law" analyzes the phenomenon of undercapitalization in corporate law and limited liability. It examines the historical evolution of corporate law and limited liability, as well as the rules on undercapitalization in the Uruguayan legal system and its doctrinal and jurisprudential development. A comparison with comparative law is also made. The article concludes with an evaluation of how the regime of limited liability and the phenomenon of undercapitalization can be harmonized. [Extracted from the article]

The Faculty of Law of the University of Montevideo organized the Law and Technology Conference, where the impact of technology on various legal aspects was discussed. Topics such as regulatory challenges in Uruguay, human rights in relation to new technologies, the use of digital evidence in judicial processes, and violations of rights in cases of cyberbullying were addressed. The relationship between technology and corporate law, tokenization of shares, and the lack of regulation in this area were also analyzed. In addition, discussions were held on fintech, technology contracts, digitization of notaries, cryptocurrencies, and regulatory compliance. [Extracted from the article]

The concept of De-facto Director, whose declaration is attributed to judges, is a reality in Colombian corporate law. Without in any way claiming to exhaust the subject matter, this paper pretends to reflect on the orientation and application of current legal regime of de-facto director in a deductive form. To do so, it first analyses the application of the concept; and, then, it studies judgements passed by the Superintendence of Corporations, in exercise of its judicial function, regarding this notion, by extracting the jurisprudential standards built from the case-law, which have facilitated the incorporation of the most advanced stances regarding this topic into our corporate law system. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the projected reform of the Uruguayan Commercial Companies Law, which includes the possibility of resolving corporate disputes through arbitration. Currently, the law does not contemplate this option, which has generated doctrinal debates. The Entrepreneurship Promotion Law allowed arbitration in SAS (Simplified Stock Companies), but this reform would expand the solution to all commercial companies regulated by the law, providing greater legal certainty to operators. The article provides an overview of arbitration, analyzes the current doctrinal debate, and comments on the draft reform. [Extracted from the article]

Copyright of Azarbe is the property of Servicio de Publicaciones de la Universidad de Murcia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Exit taxes may be validly justiied in preserving the balanced distribution of iscal power between Member States, based on the context of avoiding tax avoidance. However, their speciic regulation may be contrary to Community Law, if it goes beyond what is necessary to ensure reasons of overriding general interest, which serve as its foundation. In this research work, we have addressed aspects that regulate exit taxes and that are foreseen in the Anti-Abuse Directive and in Law on Corporation Tax that are contrary to Community Law, as they do not adapt to the need and the difference that is created between the advantages introduced and the disadvantages produced to the restrictions that cause to the fundamental freedoms foreseen in the Original Law of the European Union. [ABSTRACT FROM AUTHOR]

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper analyses whether it is necessary for the General Directorate for Legal Certainty and Public Faith to require, as a condition for registration, that the clauses of articles of association or delegation resolutions limiting the directors' representative powers include an explicit reference to article 234 of the Corporations Law. We take the view that there are no reasons to deny the registration of these decisions because article 234 of the Corporations Law itself allows for their registration and it also protects third parties by establishing that any restrictions will always be ineffective vis-à-vis third parties. [ABSTRACT FROM AUTHOR]

Two students from the Faculty of Law at the University of Montevideo, Juan Diego García and Victoria González, took US Law courses at the University of Delaware during a two-month academic stay. This opportunity was made possible thanks to an agreement between both institutions. The students attended four courses related to International and Constitutional Corporate Law, and also had the opportunity to visit prominent legal institutions in Pennsylvania and Washington DC. The experience was very enriching both academically and personally, and the students recommend this international experience. [Extracted from the article]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This text presents a study on the legal notion of compliance and how it affects the way in which large companies are conceived. The study is structured around the main developments of the figure at the international level, reason for showing that this legal institution implies, on the one hand, changes in the very identity of the companies, a transformation that is expressed in new interpretations of the nature of the companies, their obligations, and their liability. On the other hand, linked to the above, compliance imposes mutations to the corporate governance models where the company is organized in a way that allows to meet the new challenges established by the respect for the law, for which it is necessary to adopt different instruments that favor the control of the legal risks arising from its own behavior. Based on an analytical and comparative methodology of the doctrine and international standards, the study concludes that it is appropriate to adopt the institution in the Colombian case, given that there have been cases of emblematic companies involved in major scandals. The international experience teaches that the submission of large companies to the law is a necessary condition to consider these organizations as something positive for society. [ABSTRACT FROM AUTHOR]

Copyright of Revista Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)