Court-declared dissolution: retroactive effect (LGS art. 97)
Article 97 of the General Companies Law provides that where dissolution is judicially declared, the judgment has retroactive effect to the day on which the underlying ground occurred.
What article 97
Article 97 determines the temporal effect of a judgment declaring dissolution.
Where dissolution is declared by a court, the judgment has retroactive effect to the day on which the event giving rise to it occurred.
Source: Law 19,550, art. 97 — InfoLEG (updated official text)
Commentary
Retroactivity matters for allocating liability: acts after the dissolution ground are subject to article 99, allowing only urgent matters and liquidation measures. The judgment does not create dissolution on its own date; it recognizes it from the date the ground occurred.
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