Intervention: requirements and evidence (art. 114 LGS)
The applicant must prove member status, the existence and seriousness of the danger, exhaustion of internal remedies and commencement of removal proceedings.
What article 114
Article 114 sets the requirements for seeking judicial intervention and requires restrictive judicial assessment.
The applicant must prove his or her status as a member, the existence and seriousness of the danger, exhaustion of the remedies provided in the constitutive instrument, and that a removal action has been commenced. The court shall assess the availability of intervention restrictively.
Source: Law 19,550, art. 114 — InfoLEG (updated official text)
Commentary
Intervention is not automatic: standing, serious danger, exhaustion of internal corporate remedies and a removal action must all be shown. The statute expressly requires judicial restraint.
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