Función y funcionamiento de la junta general de accionistasviejos y nuevos problemas

Abstract

The purpose of this study is to examine the role of the general meeting of shareholders following the reform of the Corporations Act by the Act 31/2014, of December 3. Assuming the maintenance of the general meeting as a sovereign governing body, we wonder if the latest amendments to its regulation are efficient to achieve the two objectives of achieving: "ad extra", the most effective intervention of the general meeting in social activity and, in particular, in the control of the board of directors and "ad intra", a greater participation of shareholders at the meeting and, in particular, effective exercise of their basic political rights. Assuming these two objectives, we analyze whether extension of the powers of the general meeting, amendments to the right to information and participation rights (attendance and voting) shareholders and especially the amendments to the intervention general meeting on the remuneration of directors and limitations of the right to contest the resolutions of the general meeting are efficient.