Individual actions of responsibility

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Individual actions of responsibility directed to administrators of insolvent companies and successor businesses.

This type of action is especially aimed at the creditors of companies that have not been able to collect their credits due to insolvency from the creditor company and yet the administrators of the previous ones have continued to carry out the same activity with other newly created companies, thus avoiding the seizures of the previous company, leaving it in a situation of inactivity with debts.

To claim the unsatisfied amounts we have two types of actions, the Individual Action for Responsibility of the administrators and collaborating companies (see Individual Actions of responsibility article 241 of the Capital Companies Act), and the Action for the derivation of unsatisfied corporate debts, for undissolved companies. (see individual liability actions article 367 of the Capital Companies Act)

Both actions can be directed simultaneously in a complementary way. The lawsuits are directed to the Commercial Courts, for which we manage to recover uncollectible amounts in most cases, claiming their amount from the administrators simultaneously to the successor company of the insolvent company. Criminal courts do not solve the problem.

They are highly qualified commercial demands, but highly efficient in most cases. We have numerous successes in this area, having obtained the collection of amounts that had been in execution for years without obtaining any type of result and that had even been considered lost.

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