Mr Guillermo Donadeu

Guillermo Donadeu


Corporate & Commercial

Free-will principle in compulsory transfer of shares in limited liability companies
Spain | 01 March 2021

In several decisions, the Department of Legal Affairs has outlined the limits of the free-will principle for shareholders when setting the procedure and requirements for the preferential rights for purchasing shares in attachment cases. In a recent case concerning a bylaw relating to the applicable regime for transfers arising from the seizure of a company's shares, the department's decision allows for reflection on the true scope of the free-will principle for shareholders with respect to the compulsory transfer of shares.