Managing partner srl responsibilities
If carefully managed, the usufruct of many common resources can be extended indefinitely, since a positive feedback system can be established in which the variable reserve can continuously regenerate the extraction variable as long as that variable reserve is not compromised. In this way, the common resource is effectively transformed into a renewable resource.
It has been suggested that a communal property regime, regulating use, preservation, maintenance and consumption would be the solution to such problems. According to Elinor Ostrom such communal property systems are different from both individual and state property systems and are based on communal administration.
Alteration of documents
The sanction to the administrative body does not arise from its breach of the duty of diligence in management, as in the case of the corporate action (art. 238 LSC) or individual (art. 241 LSC) of liability since the object of protection is not the interests of the shareholders, but that of the corporate creditors and that of the mercantile traffic itself who are harmed by the existence and performance of a paralyzed, decapitalized or insolvent company that contracts obligations – whether contractual or extra-contractual (STS 10.03.2016) – whose compliance is seriously compromised due to such state. However, the duty of diligence of the administrators requires them to have correct knowledge of the situation of the company (art. 225 LSC), which implies knowing its assets and liabilities at least on a quarterly basis (art. 280 CCo).
The nature of liability for debts has been doctrinally catalogued by the Supreme Court as ex lege liability for the debt of others, and not as contractual or extra-contractual liability [with the consequence that, in the event of insolvency of the administrator, the credit will be classified as pre-deductible or against the mass (STS 16. 11.2017)] and despite its severity the Courts have to apply it strictly (STS 18.01.2017), and it can be imposed on the de facto administrator (STS 18.07.2017) and even on the natural person representing the administrator legal person (art. 236.5 LSC and SAP Álava 29.12.2016).
Examples of misrepresentation
Whereas the arrangements provided for in this Regulation may be granted only for products which are in free circulation and, where appropriate, originate in the Community; whereas, in the case of certain compound products, the refund is fixed not by reference to the product itself but by reference to the basic products of which they are composed; whereas, where the refund is so fixed for one or more components, it should be fixed by reference to the basic products of which they are composed; whereas, where the refund is so fixed for one or more components, it is
(b) that, in order to take account of the special situation of certain components, a list should be drawn up of the products for which refunds are deemed to be fixed in respect of a component.
I should also like to welcome, as Mr. van Velzen has done, the approach, which can be described as historic, of tabling amendments adopted en bloc during the May part-session, and that,
Labor lawsuit against srl and managing partner
The professionals that we are dedicated to the mercantile conflict find ourselves in more occasions than desired with an irregular practice consisting in the presentation of certifications of minutes of general meetings that have never been held or signed, with the purpose of fulfilling the requirement of article 366 of the Mercantile Registry Regulations when presenting the annual accounts.
There are quite a few cases in which it is the consultancy firms or management companies themselves that issue, as a usual modus operandi, the certification of the minutes of the general meeting, leaving the respective minutes of the meeting in oblivion.
Likewise, it must be taken into account that the relations between the partners are not the same throughout the life of the company, being able to deteriorate the trust at a given moment, that trust that allowed certain licenses in the rules of action and operation of the company.
But the consequences go even further, since such conduct may constitute a crime. The problem is that a significant part of the companies that practice this type of conduct are not aware of it, and hence the importance of always being well advised to assess the risks of any commercial action.