Possible effects of failure despite its contradiction with the aforementioned prohibition of financial assistance, it is highly unlikely, while the target company is a solvent company that meets its obligations, that someone shows no interest in contesting the leveraged sales transaction. Only the inverter acquirer of shares in question (generally, a venture capital fund), see their economic expectations, frustrated you may be some interest in contesting the legal validity of the operation and try to recover your investment so. However, such a possibility is remote, given that would be more than dubious legitimacy of inverter to challenge as illegal an operation in which it has participated actively as part, without prejudice to the disrepute that could be you in the financial market the fact attack the validity of a financially failed operation and preservation of other successful LBO. On the contrary, yes would be more likely the emergence of interested in contesting the LBO in the event of a bankruptcy of the target company. Read more here: Delta Galil. Indeed, those creditors that would endanger the recovery of their claims would identify challenges to the LBO and subsequent reintegration to the target company of the price paid by the sellers (former partners) would mean a notable increase of the equity of the company – the active mass – to satisfy the debts of this and therefore, the credits of such creditors. Contestation of the LBO alternatives alternatives so that such creditors succeed in its purpose would essentially the following: firstly, the termination of the former LBO article 71.1 of the bankruptcy law. That provision states that once declared the contest, be cancellable acts harmful to the active mass performed by the debtor within the two years prior to the date of Declaration, while fraudulent intent had not existed. Would not come here on game legal prohibition of financial assistance for the acquisition of shares/shares, since cancellable acts do not have to suffer any intrinsic Vice, but the basis of the withdrawal would be only and exclusively in the lesion of the active mass.
Month: April 2016
Aristotle Company
The hope is the dream of a man awake Aristotle considerations, relevance, Venezuelan case worries how some managers, especially the responsible for SMEs, not properly face the problem of organizational conflict in the present, causing this, serious problems in the operation, the company’s achievements, specifically, in organizational behavior, presenting a climate not favorable, more in a turbulent scenario that for years facing the countryespecially in light of its political instability and other factors that involve technology, new openings, competitiveness, economy. This situation definitely cannot be ignored, by the often irreversible damage that can cause you to the company for the scope of their objectives, mission, therefore, should seek solutions that they involve that management face the fact with the tools, knowledge, allowing to give way to achievements that will ensure a better performance of the current organizational behavior facing the Venezuelan company. In the entire organization know conflict is inevitable and has much impact on the organizational climate of the company and since then, according to the way as are you management, is handled, results as it has happened to many SMEs in the region, can be disastrous either lead the Organization to its efficiency which is expected. Hence our insistence over these items, our same Chair of organizational behavior of graduate of the management program of quality and productivity of Faces, University of Carabobo, that management, allow the administration of the conflict to constitute a fundamental part of the work and a true leadership style that encourages you. Venezuelan reality the current scenario posed by Venezuela of its companies, especially SMEs, which constitute a significant number of its business sector, is very turbulent, matted conflicts in the political, economic, social, cultural and business, which as already noted, neither can nor should pass by unnoticed, since it would increase them, becoming a true attack against the existence and harmonious climate required, in where manifest successfully its authenticity, assertiveness and a true self-realization that Venezuelans we deserve, as Orally Silva participant points out. .