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In corporate litigation concerning challenges to corporate resolutions, many excesses have been committed. Claims were often based on formalistic, trivial and inconsequential defects. The plaintiffs thus sought to put pressure on the majority - in closed companies - to grant them a way out, while recovering the initial investment. The 2014 legislator sought to tackle the problem by considering corporate resolutions with formal and irrelevant deficiencies to be unchallengeable. In addition, it devised a procedural mechanism that would allow for an early filtering of any claim aimed at attacking an unchallengeable corporate agreement. Such a mechanism - the incidental question of pre-judgment - has failed miserably. Here we study the aetiology of its crisis and look to the future to analyse what its future should be. [ABSTRACT FROM AUTHOR]

The article discusses App of the result via of assets other than the treasury from the Point of view of the shareholders, which includes the Resolution of the ICAC of March 5, 2019, the criteria for the presentation of financial instruments and other accounting aspects related to commercial regulation of capital companies. In article 31 of this Resolution, the accounting is regulated of the distribution of results in the partner.

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This article focuses on the interpretation in respect of the reasoning of the award made by the judgment of the Superior Court of Justice of Madrid (Civil and Criminal), dated 8th January 2018. The restrictive interpretations that have been made recently in certain judgments about the limits of arbitration, and very specifically on public order, clearly affect the arbitral institution, generating concern in arbitral institutions and national and international legal operators. [ABSTRACT FROM AUTHOR]

In order to make an approach to the contribution of Arbitration to corporate disputes, the author analyses the current situation of these kinds of disputes, with special focus on majority and minority conflicts. Arbitration gives a highly specialised solution to these situations and is very efficient in terms of cost and time. Furthermore, the friendlier framework in which the arbitration process develops and its flexibility bring an opportunity to avoid the exacerbation of certain conflicts. The author studies the evolution of arbitration for corporate disputes and the recent reforms of the Spanish Law 60/2003 of Arbitration on this topic introduced by the Law 11/2011, and some corporate cases where arbitration does not work. Finally, certain advantages of institutional arbitration are mentioned and how it is being interpreted by the Courts in terms of appointment of arbitrators. [ABSTRACT FROM AUTHOR]

The origin of the dispute was a challenge to the convening of an extraordinary general meeting of a corporation, and thus the resolutions adopted at that meeting, which the award declared invalid. The ruling dismissing the action to quash the award is reasoned and well founded, a clear and concise statement on challenging corporate resolutions, including the quashing of same, based on RDGRN and STS of February 19 and April 18, 1998, respectively. [ABSTRACT FROM AUTHOR]