In a corporation, the General Meeting of Shareholders is the only organ of government. Is the maximum within the company.
A limited company can have a board that meets regularly but not necessarily includes the shareholders, or all or in part. The board controls the management of the company: see how it works chief executive, management, establishing their salaries or bonuses for their performance, etc. Since then, the board can amend the statute of the company, or to decide the fate of the profits.
That means that the directory is an administrative organ. Clarito I had until last week.
turns out that when leaving a sentence of 8 years detention against members of the board of a failed bank, a lawyer said that the directory is not an administrative body, but when the governor of Guayas hovers in a directory, some say you CAN NOT because the directory is an administrative body.
What it?
The first news: Ramiro Aguilar said that the directory is not an administrative body of the bank (which is a corporation):
of "opportunistic" Ramiro Aguilar called the criminal with that failure.
The criminal lawyer said that the board of a bank is not part of the administration, therefore reiterated that the decision of the Second Board was only "opportunistic" to get along with members of the Constituent Assembly have questioned the attitude of the Supreme Court of Justice for bank trials.
The second news: Pablo Ortiz recalls that the directory is an administrative entity of Pacifictel SA (a publicly owned company, but organized according to the rules of private law):
Five Corporate Law lawyers agreed the illegal appointment of a governor as an administrator in a corporation. "The board members are making functions of managers and therefore there is a ban on him (Saman) may be appointed to the board, "said Pablo Ortiz, sub-Dean of the Faculty of Law at the Pontificia Universidad Católica del Ecuador (PUCE).
As a professor, Ortiz says, "The Commercial Code determines who may not be directors and one of the clauses says that can not be civil servants. He (Governor) is within the prohibition. I affirm that you are an administrator and that falls within the prohibition. "
Who is right?
Why is there a double standard for bankers and government officials?
