We inform you about a commercial innovation of great importance for societies with minority partners who are not linked to the management and management of the company, have differences with the majority partners or wish to sell their shares or participations. On January 1, 2.017, art. 348 bis of the Capital Companies Law, which provides for companies with more than five years of existence a minimum distribution in concept of dividends of 33,33% of the profit from the exploitation of the corporate purpose.
The penalty for the non-distribution of 33,33% of the benefit is the right of separation of the member who has voted in favor of the distribution indicated. That is to say, the partner that has voted in favor of the distribution of the minimum dividend, will have the right to have the company buy back its participation at the price set by an independent expert, appointed by the Commercial Registry.
It is advisable to advise to avoid corporate conflicts between minority and majority and correctly apply the precept in question.
From TOMARIAL we are at your disposal to answer any questions about it.
