La prenda y embargo de participaciones en compañías de responsabilidad limitada en el Ecuador.

Abstract

This academic article aims to study the legal concept of collateral and seizure applied to the LLC’s transferable interests. Ecuador’s statutory law allows the corporation’s shares to serve as collateral and later on the seizure of them, nonetheless, the Ecuadorian Companies’ Statute fails to provide a clear way to proceed regarding the pledge of LLC´s transferable interests; for this reason, it is necessary to check legal doctrine that would elucidate this situation. Even though, the Ecuadorian Companies´ Statute gives a clear statement that the seizure of the LLC´s transferable interests is not permitted, it is unclear if the law authorizes or not the collateral concept regarding the LLC’s transferable interests. Due there is a legal vacuum in the Ecuadorian statute in relation to the pledge of the transferable interests in the LLC, it exists an uncertainty in the practice of the law whether the Limited Liability Company serve as collateral because of the reasons that will be presented in the development of this paper. Because of the study and analysis of the mentioned legal concepts, it will be presented feasible solutions to this legal problem, considering as a way to solve it to look at other countries statutes.