Responsabilidad de administradores de sociedades en crisis en EEUU

Abstract

Most of American doctrine considers that solvent companies’ directors have fiduciary duties of care and loyalty to the company and partners, fulfilling the best interest of the corporation through the shareholders value in a medium-long term. However, this principle becomes more complicated if we consider that corporation interest changes when the company faces a period of financial crisis. This issue, analyzed in this work, has been studied by American Courts, particularly in Delaware, developing the trust fund doctrine