La falta de protección adecuada para el accionista minoritario en las sociedades de capital.

Abstract

Within capital companies, there are a series of situations where there are irregularities and exclusion of minority shareholders. The abuse of power leads to a lack of transparency, unilateral decision-making (challenges, provisions of the day, among others), and an unequal distribution of profits, failing to comply with and violating the protection of the rights of minority shareholders. The rights of minority shareholders in capital companies are always a matter of protection. Frequently the law does not provide sufficient legal protection to protect your rights. It is necessary to know the series of mechanisms that strengthen their privileges, to protect them from the need to have a majority to avoid an ungovernable society. In this research, a legal analysis of the legal system is made, emphasizing the provisions found in the Companies Law and regulations referring to the minority sector, to avoid in certain cases being violated or discriminated against due to the decision-making made by the shareholders. majority, taking into account that their capital contribution is more considerable than that of a minority.