noticias Inglés
ACTION FOR LIABILITY AGAINST THE HOLDING COMPANY FOR BREACH OF THE DUTY OF DILIGENCE BY CEASING TO PROVIDE FINANCIAL ASSISTANCE TO THE SUBSIDIARY.
The JUDGMENT OF THE COURT of 10 March 2022 in case C 498/20, analyses the following case concerning the liability of the holding company towards its subsidiary for the termination of the financial support, which led to the declaration of insolvency of the subsidiary. BMA NL and its holding company, BMA Groep BV, are companies …
Resolution of 22 March 2022, of the General Direction of Legal Security and Public Faith, in the appeal filed against the refusal of the Mercantile Register XXIII of Madrid to register a public deed of elevation to public document of corporate resolutions of a company.
Calling a General Meeting: in order for the notification of the meeting to be admissible, the telegram must be sent with acknowledgement of receipt. https://www.boe.es/boe/dias/2022/04/11/pdfs/BOE-A-2022-5931.pdf
CLAIM AGAINST THE JOINTLY DEBTOR WITH THE INSOLVENT COMPANY. NEGATIVE RES JUDICATA. Supreme Court (Tribunal Supremo) Judgement 20 October 2021.
Arbitration decision. The existence of a final arbitration decision does not prevent a claim for the liability of a joint debtor to which the debtor was a part of the arbitration proceedings. Insolvency proceedings: this does not prevent the creditor from taking an action in an ordinary legal process against the debtor who is jointly …
TRUCKS CARTEL. ACTION FOR DAMAGES. INTERNATIONAL JURISDICTION
Judgment of The Court (First Chamber), of 15 July 2021, in Case C‑30/20, request for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Mercantil n.o 2 de Madrid (Commercial Court No 2, Madrid, Spain). RH is an undertaking domiciled in Cordoba (Spain), where between 2004 and 2009 it purchased five trucks from a Volvo Group …
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DIRECT ACTION OF THE CARRIER AGAINST THE INSURANCE COMPANY OF THE SUBCONTRACTOR CONDEMNED BY FINAL DECISION UNDER THE INTERNATIONAL CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR). LIMITATION PERIOD.
In its decision of 26 March 2021, the Tribunal Supremo (“Supreme Court”) deals with a case in which a carrier sues an insurance company to recover the amount of the decision against the sub-carrier insured by the insurance company. The TS understands that the claim against the insured subcarrier by the defendant company affects the …
VALIDITY OF A CLAUSE IN THE ARTICLES OF ASSOCIATION CONCERNING THE EQUAL DISTRIBUTION OF DIVIDENDS TO THE SHAREHOLDERS OF A LIMITED COMPANY.
The Resolution of 14 April 2021 of the “Dirección General de Seguridad Jurídica y Fe Pública” analyses the validity of a clause in the articles of association which determined that “The distribution of dividends to shareholders shall not be made in proportion to their participation in the share capital, but all shareholders shall be to …
RIGHT OF SEPARATION OF THE SHAREHOLDER IN CAPITAL COMPANIES
The recent Supreme Court judgment of 15 January 2021 examines interesting questions related to the shareholder’s right of separation, in particular determining when the status of shareholder is lost after having exercised the right of separation, at the moment at which the shareholder is paid the value of his participation. However, the dissenting vote of …
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