El derecho de receso de los accionistas en la fusión de compañías anónimas

This thesis will be focused on the regulations related to the rights of separation, commonly known in the Ecuadorian legislation as the right of separation or withdrawal in the case where two anonymous companies are merged. Due to the fact that our legislation does not currently have a clear regulation for this right, several problems have emerged that specifically affect those stockholders who are not pleased with merging decisions approved by the majority of the its stockholders. Even though the right of separation is not new in the company of our country legislation, problems have always existed when it comes to interpreting and applying it, as previously mentioned. Is also worth mentioning that the Ecuadorian legislative doctrine on the aforementioned regulation is insufficient and practically non-existent. This fact has created conflicts within the corporate practice and makes the job of a legal adviser much more difficult….