COMPANIES. Precautionary measures. Suspension of decisions in assemblies. APPROVAL OF BALANCE. Rejection. Article 252 Law 19,550. Absence of "serious reasons". Claim ignorance about certain operations. Failure to suspend the effects of the impact of the adoption of balances
"Perez Javier Miguel c / viajandoonline.com s / regular s / incident of appeal" - CNCOM - 26/10/2010
"While this Court does not disdain the relevance of financial statements or the rights of shareholders concerning themselves and judges that the balance is important in any business, is particularly meaning in the corporation to the partners and third, for his triple role: a) to know the status of its net worth, b) ensuring the integrity of the capital, with the completion of amortization and reserve training, etc, c ) publicizing corporate business and its consequence, the distribution of profits or losses (CNCom, the Board in re "Marocco, Oscar Enrique c / Lamartine s / precautionary measure", of 04.12.1998), the fact is that the sub lite the preventive suspension of the execution of the assembly-based decision that approved the financial statements do not transmit to attend the aforementioned circumstances relied on other points: the lack of evidence that allow us to infer the existence of "serious reasons". "
" The actor does not allege the existence of false or made bad accounts, only invokes his ignorance about certain operations, or other support- and this is no reason to suspend the effects of the adoption of the balances since they do not seem to reveal anything other than the actual financial status of the society. "
" To declare the suspension of the contested decision must be accredited in assemblies situation risk, which imposes the need for such intervention in the affairs of individuals (doctr. art. 114, Law 19550, in fine, CNCom., This Court, in re "Arcondo Ignacio G. c / Drums of Comahue SA, 11/09/1995), a situation that in the case, and merit of the above, does not hold."
Quote : [elDial.com - AA6700]
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