La inseguridad jurídica de las partes beneficiarias en la legislación societaria ecuatoriana.

Abstract

This degree thesis will focus on the study of beneficiary parts, as provided in Ecuadorian legislation, a type of security that grants economic rights to third parties without requiring them to be shareholders of the company. In present day their practical application in Ecuador is currently limited and obsolete, even becoming unnecessary. This give us the idea about their relevance and usefulness in Ecuadorian companies. We also will see if they present legal gaps o if they have an unclear or unspecific norm, if this happens they become an unnecessary norm, that takes away value to the legal framework. Preferred shares, convertible bonds, or profit-sharing schemes can serve the same functions as beneficiary parts but with greater flexibility and appeal for companies and third parties interested in investing. The objective of this degree thesis is to analyze the beneficiaries part propose legal reforms by introducing new text or articles that seek to promote a more coherent regulatory norms that aligned with the real needs of companies in the present day. This would upgrade the legal system in business law, making the country more attractive to foreign investors.