Abstract

HENAO, Lina. Towards a new model of social capital. Rev. Derecho Privado [online]. 2015, n.28, pp.237-273. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n28.09.

The legal capital regime incorporated in the directive 77/91/CEE played a significant role in harmonizing European company Law. However, nowadays it is a concept under debate and some are claiming its revision. However, it must be borne in mind, that the capital is not a unitary concept but includes various legal categories. This paper will specially focus on the rules of minimum capital and distribution of benefits incorporated in the Second Directive, the Spanish Corporate Law, the American Corporation Law and the proposals made by different academic groups for the regime's reassessment.

Keywords : Legal capital; minimum capital; distribution of benefits; balance sheet test; solvency test.

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