Tagliaferro, Jorge Agustín c/ Piquillín S.R.L. s/ sumario (National Commercial Court of Appeals, Chamber B, 26/09/2001)
The convening and validity of members’ meetings in an SRL. The Commercial Court of Appeals applied the rules governing valid formation of the corporate will and reviewed notice, participation, and respect for members’ rights.
«Tagliaferro, Jorge Agustín c/ Piquillín S.R.L. s/ sumario»
What was at issue
The convening and validity of members’ meetings in an SRL.
What was decided
The Commercial Court of Appeals applied the rules governing valid formation of the corporate will and reviewed notice, participation, and respect for members’ rights.
- The Commercial Court of Appeals applied the rules governing valid formation of the corporate will and reviewed notice, participation, and respect for members’ rights.
- The holding should be read in light of the legal interest protected in the area of members’ meetings, not solely by reference to the documentary form of the act.
- Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.
Citation: CNCom., Sala B, «Tagliaferro, Jorge Agustín c/ Piquillín S.R.L. s/ sumario», 26/09/2001 — Jurisprudencia societaria y comercial
Practical application
It is useful for SRLs facing management disputes and conflicts over voting majorities.
Frequently asked questions
What is the main takeaway from the case?
Does the rule apply automatically today?
What should be proven in similar litigation?
Do you need advice on this matter?
The firm is headquartered in Buenos Aires, Argentina, and advises clients worldwide.
Contact the firm