La posición del socio ante la reestructuración en el Anteproyecto de reforma concursal

Resumo

At its meeting on 3 August, the Council of Ministers approved the Draft Bill to reform the recast text of the Insolvency Act (RIA), aimed at implementing the Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Restructuring and Insolvency Directive) into Spanish law. Reform’s gordian knot essentially concerns the area of pre-insolvency and insolvency. However, it also has a direct impact on elements and institutions that fall squarely within the field of company law and corporate governance. In the following lines, we will briefly outline the position of the shareholder in restructuring measures, an issue which raises a number of questions.