Novedades

Rights of the partners or shareholders.

As holder of shares of a corporation, the shareholder as such, has a set of responsibilities, rights and obligations. This state manifests itself according to the position assumed by the shareholder in its relations with society, which are given according to the quality and quantity of shares held.

The shareholder grants the following rights:

  1. Participation in government and control of the company. The shareholder is entitled to participate in meetings, deciding management policies it deems appropriate to obtain positive results for their investment; approve or challenge decisions , ask for explanations regarding the social financial statements and participate in the election of members of the governing bodies (directors) and supervisory (trustees or directors surveillance).
  2. Right to dividend . The dividend is the result of profit sharing-profits that can be distributed -if tenerlas- the end of the fiscal year.
  3. Preemptive rights and accretion in the subscription of new shares. Is the right of shareholders to subscribe in the first place , or on a preferential basis and within the categories corresponding to their holdings, all newly issued shares for the capital increase approved an assembly. (arts. 194-197 General Corporation Law).
  4. Right to liquidation quota. The shareholder has the right, where a company is liquidated, to receive its share in the liquidation of corporate assets, once settled 
  5. Right to challenge corporate resolutions. Any decision of the assembly, in violation of the law, statute or regulation, may be challenged for annulment by shareholders who have not voted favorably in the respective decision and absent proving the quality of shareholder at the date of the contested decision. They may also challenge it shareholders who voted favorably if their vote is voidable on the grounds of will (art.251 General Corporation 
  6. The right to call a meeting. Shareholders representing at least 5% of share capital (if the statutes do not fix a lower representation) may require assembly be convened on the request indicating topics on the Order Dealing Day.
  7. Right to information. Members can examine the books and papers and obtain administrator reports they deem relevant, as it does not have receivership (art. 55 and 284 General Corporation Law). 

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