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Corporate governance and groups of companies: common doubts

14 de julio, 2015



2. The concept of interest of the company and its coexistence with the interest of the shareholders
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The duty of loyalty is defined by the LSC as the duty of "acting with the loyalty of a faithful representative, in good faith and in the best interest of the company."
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It is clear that directors owe loyalty to the directed company, regardless of who appoints or even pays them. As the Supreme Court states, the director "once appointed, […] serves the interests of the company, not of those who appointed him or her."
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This approach, apparently clear and simple, nonetheless raises many doubts in its application...

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