WHAT ACTIONS HAVE AGAINST THE DIRECTORS?


To order administrators accountable for damage to society, to creditors or partners, establish two actions:
.-Social action.
.-Individual action.
The difference between the two actions depends on what the property is damaged. If the damaged property is the company used the first. If the damage is on the members or third parties, Individual action is.

The established case law, states that both actions prescribed four years since the cessation of office as administrator.

Social action has indemnitory liability for direct damages suffered by the company for the actions of managers: if compensation is achieved, the beneficiary will be the society.

They are entitled to exercise, first society (by resolution of the general meeting) and secondarily, partners and creditors. The partner who intends to raise social action must have at least 5% share capital.
The creditors can exert social action if two conditions:
• That the action is not brought by the company or its partners and,
• That the company's assets is insufficient to pay its loans.

Regarding Individual Responsibility Action (article 241 the LSC), it is a personal action for damages to restore equity partners or third, who have seen their assets injured by action of the directors of the company.
In this action for damages will apply the general principles of liability for damages ( there negligent acts or omissions, injury, y nexo causal).

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