The manager's responsibility in fact: some disturbing practical considerations

The manager's responsibility in fact: some disturbing practical considerations

The responsibility of the Administrator is one of those recurrent issues in the corporate practice and in the legal literature which, it is understandable, worries the managers of the mercantile companies and occupies its advisers, both in the preventive plane,-what I must do not to incur that responsibility-as in the reagent-how I defend myself in the face of a claim or how I get an unfair or negligent administrator to answer for his abuses. This logical concern, well passive (I am sued) well active (I want to demand responsibility), should not however be exhausted when it ceases to formally occupy the position of administrator. In other words, one should not be calm if it does not hold as such the position of administrator but in practice and in an effective way it is that which "commands" in the company, ie it is its administrator in fact. The last general reform of the Capital Companies Act, introduced by law 31/2014, of December 3, clarified and broadened the scope of this figure, but, beyond the legal diction, arise in practice rather frequent assumptions, and we dare to say qu e little considered, in which the applicability arises. 160902_Circular_02 -2016 _ Administrador_de_hecho

 

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