EL DERECHO DE IMPUGNACIÓN DE LOS ACUERDOS DE LAS SOCIEDADES ANÓNIMAS TRAS EL REAL DECRETO LEGISLATIVO 1/2010 Y LAS SOCIEDADES COOPERATIVAS.

Abstract

This contribution throws a spotlight and some considerations upon the regulations that implement the right to challenge company resolutions taken by an assembly and resolutions by the boards of directors of public limited companies (which regulations have now been extended by Royal Legislative Decree 1/2010 on corporations) and the boards of directors of cooperatives. Within this framework of action, the two systems for challenging resolutions (that of the public limited company and that of the cooperative) are laid side-by-side for comparison. For that purpose, some of the most controversial aspects of the law on challenging resolutions are analysed and taken apart. These aspects include grounds and causes of challenge, the consideration of the right to challenge as a protective remedy for the minority shareholders and the trend toward and use of arbitration to settle the conflict of interests underlying any challenge of resolutions.