Insolvency Proceedings in Spain: Procedure, Phases and Effects (TRLC 2020)
Complete guide to insolvency proceedings in Spain: requirements, filing, insolvency administrator, restructuring plan and liquidation. TRLC updated 2022.
Analysis of a company director's civil liability for acts contrary to the law or the articles of association, the business judgment rule, corporate and individual actions, the action for company debts (art. 367 LSC) and Supreme Court case law 2025-2026.
Three main liability tracks: (1) Social action (Arts. 238-240 LSC) ( company sues director for damage to company assets, subsidiarily by ≥5% shareholders; (2) Individual action (Art. 241 LSC) ) third parties sue for direct damage to their own interests; (3) Debt liability (Art. 367 LSC), directors who fail to call a dissolution meeting within 2 months of insolvency trigger become personally and jointly liable for all subsequent debts.
The business judgment rule (Art. 226 LSC, 2014 reform) shields directors who acted in good faith, without personal interest, with adequate information and proper decisión process. All three tracks: 4-year limitation period.
Lexiel finds Supreme Court decisions by liability track, calculates limitation periods, and identifies whether the BJR defense is available.
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Get started freeComplete guide to insolvency proceedings in Spain: requirements, filing, insolvency administrator, restructuring plan and liquidation. TRLC updated 2022.
Analysis of corporate disloyalty offence after LO 1/2015 reform: typical conduct, patrimonial damage, difference from misappropriation and company administrator liability.
Complete guide to director civil liability in Spanish companies: social action (art. 238 LSC), individual action (art. 241 LSC), business judgment rule and Supreme Court case law.