Quevedo & Ponce - Noticias Legales
The Superintendence of Companies, through Resolution No. SCVS-INC-DNCDN-2025-0001 dated March 7, 2025, has introduced an important reform to the "Regulation on General Meetings or General Assembly of Partners and Shareholders"
- March 25th, 2025
- Quevedo & Ponce
The Superintendence of Companies, through Resolution No. SCVS-INC-DNCDN-2025-0001 dated March 7, 2025, has introduced an important reform to the “Regulation on General Meetings or General Assembly of Partners and Shareholders.”
The modification consists of recognizing a proprietary right for partners and shareholders to freely and individually decide how they wish to participate in the general assembly sessions, whether physically or virtually, through videoconferencing or other telecommunication means.
This reform aims to guarantee the exercise of the right to participate for partners and shareholders. Under this provision, the administrator of the meeting will not be able to impose a single mandatory attendance mode. The convocation must reflect that partners and shareholders have the freedom to choose between in-person or virtual attendance.
Furthermore, it is established that, except in the case of universal meetings, the sessions must be held at the company’s principal address, as stipulated by the Companies Law, provided that all partners or shareholders choose to attend in person. In the case of mixed attendance, the session must also be held at the principal address, at the location specified in the convocation, respecting the participation mode chosen by each shareholder or partner.
Finally, it is stated that all other provisions of the regulation will apply, ensuring regulatory consistency and respect for the principles of legality and participation within the corporate sphere.
The reform applies to limited liability companies, joint-stock companies, partnerships by shares, mixed-economy companies, and simplified joint-stock companies.
For simplified joint-stock companies (S.A.S.), a specific provision is included, allowing the general shareholders’ meetings to be held both at the company’s principal address and outside of it, as established by the Companies Law, providing greater flexibility to this type of company.
At Quevedo & Ponce, we advise companies and shareholders to ensure compliance with legal provisions in corporate matters and strengthen participation in corporate governance bodies.
Más Artículos
What are allocations in inheritance law?
Allocations consist of the distribution of all transferable assets, rights, and obligations that make up the heritage of the deceased. They are classified into universal allocations, which may arise through a will or by operation of law, and singular allocations, which arise only through a will.
SENADI Resolution Strengthens the Control of Geographical Indications and Denominations of Origin in Ecuador
The National Service of Intellectual Rights (SENADI) issued Resolution No. SENADI-DG-2026-0009-RE on March 25, 2026, published in Official Registry Year II, First Supplement No. 251. This resolution establishes a new technical regulation for the creation and operation of regulatory offices for Geographical Indications (GIs) and Denominations of Origin (DOs) in the country.
Can property lent under a commodatum agreement be acquired by prescription?
A commodatum is a contract through which a person lends property free of charge for another person to use, with the obligation to return it. Under the Ecuadorian legal system, the borrower does not acquire possession but only mere holding of the property, which means it cannot be acquired through acquisitive prescription unless a proven interversion of title occurs.
Processing of Proposed Laws Classified as Urgent Economic Matters
Proposing urgent economic bills is one of the powers of the Executive Function; however, these must be submitted to the National Assembly for approval, modification, or rejection. In accordance with the Constitution and the Organic Law of the Legislative Function, a failure to issue a ruling results in the immediate enactment of the project by operation of law.
Fast Fashion in Ecuador: Legal Protection, Boundaries, and Emerging Challenges in the Creative Industry
The impact of fast fashion on the Ecuadorian intellectual property system, explaining which elements of fashion can be legally protected, which are not eligible for protection, and what the main challenges are for designers and brands when facing potential infringement.
