Knowledge Base
Directors' Liability for Corporate Debts
When directors can be personally liable; the Capital Companies Act; Article 367 liability for failure to dissolve; the individual liability action; culpable insolvency.
In certain circumstances, company directors may be personally liable for corporate debts. Under the Capital Companies Act (Royal Legislative Decree 1/2010), directors must act diligently and take the steps required when the company faces a legal cause for dissolution; in particular, Article 367 makes them jointly liable for company obligations arising after that cause where they fail to call the general meeting or seek dissolution or insolvency within the legal period.
Creditors may also pursue the individual liability action (Article 241) for damage caused directly by the directors' conduct, and the conduct of directors can be examined within insolvency proceedings (culpable insolvency). Such actions can improve recovery prospects, particularly where the company itself lacks sufficient assets, and are frequently considered in cases involving insolvent companies, abandoned businesses or signs of mismanagement.
How IJ Creditor Can Assist
We assess and bring directors' liability actions in Spain where the company's assets are insufficient, including within insolvency proceedings.
Chaque dossier est différent. Le moyen le plus rapide de savoir si IJ Creditor peut vous aider est de demander une proposition personnalisée et confidentielle.
Demander une proposition