SOME CURRENT ISSUES ON THE LIABILITY OF COOPERATIVES’ DIRECTORS [COMMENT TO THE JUDGMENT OF THE SUPREME COURT (CIVIL CHAMBER, SECTION 1) 103/2015 OF MARCH 10]
Keywords:
Cooperatives, directors, liability, liability for the cooperative’s debts, individual action for damages, diligence, insolvencyAbstract
The Supreme Court deals with an issue that, even if not new, is highly topical and important: the liability of company directors. The judgment specifically examines the applicability of the liability for the company’s debts derived from the lack of
promotion of its dissolution or its declaration of bankruptcy to the cooperatives’ directors when this liability is not contained in the cooperative legislation, as well as the personal liability in case of damages to third parties. In this comment we
review these issues, taking into account the recent amendments in the legislation referring to corporate governance.
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