Conflictos entre socios y accionistas : alternativas para evitar el cese de actividades de compañías.

Abstract

Throughout history, the different species of companies have been one of the main engines of the circulating economy in all the countries of the ancient and modern world. It is for this reason that the legal regimes applicable to these have sought their protection through regulation in constant advance and innovation adapting in such a way to the time in which it is applied. This protection is generally linked to the relationships that companies have with the public administration and with other economic agents; However, to a certain extent, the relationships that may exist within the companies, specifically those that arise between partners and shareholders, have not been fully regulated. Although when signing a partnership agreement between two or more contributors, it is inferred that they have the same perspective or economic projection regarding the line of business that is planned to be given to the company, in practice this is not the case. An example of this situation occurs in those companies that, having a normal or very good economic profitability, a possible conflict arises between partners and shareholders, and as a consequence of this they are unable to resolve relevant issues for the correct course of business, and only until said conflicts are resolved, the company stopped generating profits, fell into default with its creditors, lost potential clients, etc. It is for this reason, the importance of considering the incorporation of the figure of the amicus societatis in the agreements between partners and shareholders, and in the bylaws, so that together with the legal representative and the administrators they continue the correct course of business and the company in general.