Main amendments to the draft bill amending law No. 16.060 regarding the liability of business companies administrators

This article focuses on the main changes that the liability regime of administrators and directors of business companies will undergo if the Bill amending Law No. 16,060, is passed. It mainly focuses on those topics on which there has been no consensus among academic scholars since its enactment, an...

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Hlavní autor: Vallarino Berretta, Claudia (author)
Médium: article
Jazyk:španělština
Vydáno: 2024
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On-line přístup:http://revistas.um.edu.uy/index.php/revistaderecho/article/view/1405
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Shrnutí:This article focuses on the main changes that the liability regime of administrators and directors of business companies will undergo if the Bill amending Law No. 16,060, is passed. It mainly focuses on those topics on which there has been no consensus among academic scholars since its enactment, and that the Draft Bill defines. The subjective criterion of imputation of liability, the incorporation of the de facto administrator, the individual action of liability and, the most disruptive change which is the incorporation of the “Business Judgement Rule” as the rule that the judges must adopt to judge the administrators’ conduct.