What is individual liability action against the directors?

individual action Responsibility















Is possible to establish the liability of directors from members and others for damages caused to them.

The mechanism for recovery in these cases is the individual action Responsibility: it comes to restoring the individual assets of persons (both partners and third parties to creditors) who have suffered damage to their heritage by the performance of managers society (as reflected in her STS 29 December 2000). Stated in Article 241 the LSC.

This action has a term of prescription 4 years old from the date on which the termination occurs administrators.

A individual action against the directors, are applied to the general principles of tort liability. It is therefore necessary that:

1.- Administrators have made negligent acts or omissions in the exercise of his office.

2.- It has occurred direct damage in equity of shareholders or creditors.

3.- There is a nexo causal between the negligent conduct of managers and damage. The negligent act must directly injure the plaintiff's heritage.

These requirements are interpreted by the Supreme Court in a rigorous way: The mere fact that a company does not work well and incurring losses necessarily involves the liability of directors.

It will be necessary to adequately test:

a) The acts or omissions of the directors have been made with malice or negligence.

b) There have been actual harm.

c) The causal link between the above.

Members may use this article individual action 241 LSC if they have suffered direct damage to your property. If the injury is indirect, should claim by corporate liability action.

Third party creditors, must have a overdue debt, liquid and enforceable against society, to be legitimized.

Situations bankruptcy, the possibility of raising individual action for damages It is not a peaceful issue, but most writers consider that their approach is not possible. Conversely, social action itself is considered feasible within the bankruptcy proceeding.

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