Abstract

ARCILA SALAZAR, CARLOS ANDRÉS. The De-facto Director in Colombian Corporate Law and in the Superintendence of Corporation's Jurisprudence. Rev. Derecho [online]. 2022, n.58, pp.188-217.  Epub Apr 03, 2023. ISSN 0121-8697.  https://doi.org/10.14482/dere.58.347.001.

The concept of De-facto Director, whose declaration is attributed to judges, is a reality in Colombian corporate law. Without in any way claiming to exhaust the subject matter, this paper pretends to reflect on the orientation and application of current legal regime of de-facto director in a deductive form. To do so, it first analyses the application of the concept; and, then, it studies judgements passed by the Superintendence of Corporations, in exercise of its judicial function, regarding this notion, by extracting the jurisprudential standards built from the case-law, which have facilitated the incorporation of the most advanced stances regarding this topic into our corporate law system.

Keywords : De facto Director; corporate law; Superintendence of Corporations; corporate conflicts; case-law.

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