Colombian Commercial Code - Decree 410 of 1971 - Book II - Of Corporations - Title III - General Partnership - Chapter I - Partners - From Article 294 to Article 302
COLOMBIAN COMMERCIAL CODE
TITLE III
THE PARTNERSHIP
CHAPTER I
Partners
Article 294 .-
All members of society as a collective name jointly and unlimitedly
liable for the transactions. Any stipulation to the contrary shall be
null and void.
This
responsibility may be deducted against the partners when it is
demonstrated, even out of court, the company has been asked in vain for
payment.
In any case, the partners may rely on the exceptions that have the s
Article 295 .-
Any corporation may be part of a partnership, upon the decision of the
assembly or the board of trustees by the unanimous vote of the members.
Void entry into society when they violate this provision.
Article 296 .- Each member must obtain permission of his associates for:
1. Transfer all or part interest in the company;
2. Delegate in a strange management functions or surveillance of society;
3. Exploiting self-employed or employed, directly or through another person, the same kind of business to address the company and
4.
Join companies by quotas or shares of interest, to intervene in their
administration or in joint stock companies that exploit the same
purpose.
Article 297 .-
The acts that violate the first two paragraphs of the preceding article
shall not be binding on the society or the other partners.
Violation
of the third and fourth ordinal entitle the partners to the exclusion
of the consortium responsible for the incorporation into the assets of
the benefits he could claim and redress for damage thereby incur to
society. Approved exclusion, the legal representative of the company
solemnize the corresponding statutory reform.
Article 298 .-
Without prejudice to the penalties established by law, the partner to
withdraw any kind of corporate assets or using social business firm
outsiders, may be excluded from the company, it lost for its
contribution and must compensate if applicable.
Article 299 .-
The social interest is attachable by personal creditors of partners,
but shall be disposed of at public auction if one or more associates
acquire it by the judicial appraisal of it, in which case the judge
shall authorize the transfer of the interest attached, prior
appropriation value.
However,
if the public auction of the social interest does any of the partners
position, preference shall be equal. As several members interested in
acquiring the same price, the judge awarded for all equally, if the
partners themselves do not seek to be awarded in another form.
Article 300 .-
The social interest may be given a pledge by a public or private
legally recognized document, but the garment will not be effective
against third parties but from its registration in the commercial
register.
Article 301 .-
The transfer of social interest will reform the social contract,
although made in favor of another partner, but the assignor shall be
relieved of responsibility for social obligations above, but within one
year from the date of registration of the assignment.
Article 302 .-
The meetings of the board members and the decisions of the same shall
be subject to the provisions of the social contract. In the absence of
express provision, may discuss with the numerical majority of members
whatever their contribution, and decisions may be adopted by a vote of
at least the same majority, unless the contract reforms, which will
require the unanimous vote of the partners.
Comentarios