What constitutes the right of preference?

commercial lawyer

When capital increases creating new shares, partners have a lien, to acquire a number of shares proportional to which they were, and in this way to keep your weight in society.

His regulation set forth in Article 304 and following of the LSC.

One time the general meeting adopts the resolution to increase capital by issuing new shares, managers must communicate, by notice in the Nbr. You can replace the full content publication by notice in writing to each of the partners. This communication should be reflected in the deed which includes the capital increase.

The law establishes a minimum term a month for partners to exercise their right.

If the closing date and no shares have not been subscribed, Unless the bylaws provide otherwise, should provide the remaining shares to partners who have exercised their right of first refusal, an within 15 days.

If after these 15 days, still too many shares, may be awarded to third society outside.

Transmission preemptive rights

Preemptive rights may partners freely transfer, the member's spouse, the ascending or descending the partner and the companies of the same group. The bylaws may limit or extend this transmissibility.

If the transmission is mortis causa or inter vivos forced (as an attachment), no limitations transmission to preemptive rights.

To abolish the right of preference, the general meeting must meet the following requirements:

1.- Make available to members with a report justifying the proposed, and indicate in the notice convening the meeting the proposal to abolish the right of preference.

2.- The value las nuevas Participaciones more premium Asuncion computer should correspond with the true las stakes in the report indicates.

3.- It requires the vote in favor of the thirds las shares.

4.- These extremos computer should appear in the deed that the aumento recoge, the risk bajo los administrators.



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