Sociedades Anónimas Deportivas : estudio comparado y propuesta regulatoria para Ecuador.

Abstract

This research, framed within Ecuadorian Sports and Corporate Law, analyzes the potential problems that would arise from the recent introduction of Public Limited Sports Companies (SAD) through the Organic Law of National Solidarity. The scientific problem addressed is how this regulation, being minimal, easily reveals legal gaps that endanger the social and democratic nature of football clubs, creating a collision between mercantile logic and the collective interest. The novelty of the study lies in the analysis of this specific law and the formulation of a concrete regulatory proposal to fill said gaps. Through an analytical-legal and comparative law method with the models of Spain, Colombia, and Argentina, the main normative gaps are identified. The work concludes that it is essential to incorporate into the current regulations governing public limited companies and sports— that is, the Companies Act and the Sports Act—and additionally to materialize a regulation that governs the transformation process, establishes specialized financial controls, and protects the identity heritage of the clubs. Specific guidelines for said regulation are proposed, seeking to harmonize the necessary modernization with the social function of sports in Ecuador.