La autonomía de la voluntad en las nuevas normas ecuatorianas del buen gobierno corporativo y su referencia en la Gestión Familiar.

Abstract

The importance of family businesses lies in the high percentage of incidence of this type of society around the world and its impact on the economy of each country. However, several factors undermine the sustainability of the family business. In Ecuador, the Superintendency of Companies, through the "Nuevas Normas del Buen Gobierno Corporativo” implement mechanisms based on the principle of autonomy of will, for the partners to establish a protocol defining the family governance bodies, a succession plan, and dispute settlement mechanism, so that they can survive for several generations, allow the development of the business, reduce intra-family problems and contribute to the social economy. The family protocol is an instrument that serves for the management of the company, through which the members undertake to agree on how to proceed concerning the administration of the company, establishing legal, economic, and family issues, becoming an essential instrument that allows establishing some guidelines in the face of the special situation for family businesses; and especially in the moment of generational transfer.