Los derechos de los socios minoritarios en el ordenamiento societario ecuatoriano

Abstract

The Corporate Law and the Company Law determine the legality of the conformations and activities carried out by trading companies in the country and the defense of shareholders or investors participating as key elements. Besides the importance of knowledge of corporate matters today is vital to the construction of the law in this area as specialized and precise criteria is acquired before the conflicts that arise both in the company and in relation to third parties obligations.

With regard specifically to the defense of the rights of shareholders, our legislation guarantees those termed as minority group, which have the same obligations and responsibilities, but in terms of decision making and internal issues affecting society are limited due to the percentage of contributions of the subscribed or paid that takes place when the constitution of the company or in case of corporate act for capital increase.

In this research a legal analysis of existing legislation, emphasizing those provisions found in the Companies Act consistent with doctrines issued by the Superintendence of Companies and regulations concerning the rights of members minority, who have juridical-legal mechanisms to be heard or involved in decisions; avoiding in certain cases for tax abide by the provisions of the majority shareholders, considering the position taken by these for their significant contributions to the company.