Derechos de preferencia en los planes de reestructuración dilutivos de sociedades de capital tras la reforma del TRLC por la Ley 16/2022

Resumo

The work uses the restructuring measures consisting of the capital increase for credit compensation and the accordion operation, to analyze the options accepted by the Spanish legislator within the framework of the Directive on restructuring and insolvency, when giving preference to creditors or partners to stay with and/or in the company that is suffering from an economic crisis. Only when the company is insolvent can creditors forcefully impose debt capitalization on the partners of medium and large companies, but not, for reasons of legislative policy, on the partners of small insolvent companies. And if the company is in a situation of mere probability of insolvency, the partners can veto these restructuring measures in all types of companies for technical reasons.