Evaluation of Incorrectctions in a Call-to-Meeting under Colombian Commercial Law - Prof. , Apuntes de Derecho Mercantil

¡Descarga Evaluation of Incorrectctions in a Call-to-Meeting under Colombian Commercial Law - Prof. y más Apuntes en PDF de Derecho Mercantil solo en Docsity! Commercial Law Practical case 5 Andrés Echeverry Escobar Please point out and evaluate the possible incorrections in this call-to- meeting. As the “Ley de Sociedades Anonimas” says regarding with the act 93.1 has the right to attendance and vote in the ordinary meeting. It cannot be announced hanging the sheet in the notice board, must be published by the web page regarding with the act. 173 in the case of the web page is no done yet, it should be published at the “Boletín Oficial del Registro Mercantil”. The date is wrong due to the fact it should be announced a month before, I mean, if the date to announced it is the 13th of January the meeting should be 13th of Febrary. (Act176) The second call be done at least 24h later than the first one (Act177) The meeting should be located at the same place where the company is located (Act175) if the bylaws does not say the contrary (act.197). Regarding with the agenda the first topic to talk about, it is incorrect due to it cannot draft the annual account at meeting, it should has done previously the meeting (regarding with Act249,272) The second topic to talk about it is not correct regarding with the act 297 given that the increases of capital should have decided by the shareholders. The third topic is wrong as well in terms of the Act 494 just the minority shareholders can apply for new topics in the agenda but it should be notified 15 days previously the meeting. Regarding to the attendance to the meeting it is not completely correct given that should be the bylaws which determines the minimum of share to attends to the meeting and no the president of the board. (Act 179) The shareholders can delegate their representation in whoever (Act 184) and not necessary need to be a shareholder in other way the bylaws can omitted this point but with the (Act 187) it cannot be delated if the spouses of the shareholder is the representative person. The shareholders have the right (Act 197) of get the information regarding to the meeting by a deed, and it can be solve before or after the meeting (at maximum of seven days after the meeting).