El derecho a completar el orden del día: un derecho de ¿qué minoría?

Abstract

A little over a month ago, on October 14th, 2013, the Report commissioned by the Government to an exerts-group on Corporate Governance was launched. The news caused quite a stir among scholars and professionals; assessments and remarks soon followed. The truth is that the coincidence in time between this Report and the proposal for the Commercial Code drawn up by the General Codification Commission (Comisión General de Codificación) and delivered to the Ministry of Justice on June 17th is worthy of criticism. The procedures prior to passage both documents are undergoing are substantially different (detrimental to the proposal for the CC) and will force the amendment of the proposal during the parliamentary procedure in order to adapt it to the final text of the Experts Report. In this article, the author makes a first approach to the analysis of the rights of minority shareholders and specifically of the recognition to add items to the order of business.