Rol y régimen de responsabilidad del administrador de hecho societario.

Abstract

The institution of the administrator in fact is of vital importance to be able to understand the concept of an administrator in a comprehensive way. The administrator's actions determine the good management of the company. The implementation of “Sociedad Anónima Simplificada SAS” in the Ecuadorian legal system introduces interesting modifications, among these, it clearly recognizes the legal notion of de facto administration. This figure appears in the administration attributed to people who, from a material perspective and without being formally appointed as administrators, who act under the cover of a broad power to administer, or even without it, exercise in an effective management of the company. For its foundation, this research will present the cases of application of Comparative Law, specifically with Spanish legislation, thus extracting doctrine about the institution, jurisprudence about the cases that occurred with their due resolutions that may be used in future topics.