Régimen colombiano conflicto de intereses accionistas y administradores : posibles mejoras

Abstract

The regime that regulates corporate conflicts in Colombia involves a great normative accumulation, from the Code of Commerce, to legislation such as Law 222 of 1995, Decree 1075 of 2015, Decree 1925 of 2009 and Law 1564 of 2012, however, despite this regulation, However, regardless of this regulation, there are still some gaps or regulatory ambiguities, which is why this writing through an exercise of Colombian jurisprudential review, identification of some weaknesses of our legislation, and comparative law inspection, specifically of Chile and the United States, where the main characteristics that differentiate and resemble them with the Colombian regime are looked at, intends to understand the need for a more flexible and updated regulation, which helps the development of the commercial activities of a company, where the administrators and shareholders are immersed, generating a greater fluidity and legal security to such operations, while providing greater decisional freedom to the administrator giving him access to the management of a risk that leads to a greater capital gain of the company.