ASPECTOS SOCIETARIOS DE LA DENOMINADA OPERACIÓN ACORDEÓN, A PROPÓSITO DE LA SENTENCIA DEL TRIBUNAL CONSTITUCIONAL (EXP. 00228-2009-PA/TC).

Abstract

The author analyzes the Judgment of the Constitutional Court of Peru on April 4, 2011 on course of "accordion" operation, that is to say a capital reduction to zero and immediate capital increase in order to restore the balance between social capital and the equity. In his claim should have been dismissed because there other possible resources and because the action had expired. You further understand that there is no right to restitution, as the right separation will only be viable redemption of shares when the society has positive equity, which does not occur when the capital was reduced to zero, and when therefore the shares are worthless. Understand that the Constitutional Court ruling confuses the creditors' right to object to the separation of shareholders.