The Argentine in the Twentieth CenturyMartínez, Alberto B.
History
The Argentine in the Twentieth Century
Martínez, Alberto B.
Argentina -- Commerce; Argentina -- Economic conditions; Finance -- Argentina
In the case of limited companies which are not legally constituted,
the founders, administrators and representatives are, conjointly and
severally and without limit, required to restore any sums they may have
received for shares issued, and also to pay the debts of administration
and the losses that may be incurred by third parties by the failure to
fulfil obligations contracted in the name of the company.
Once a limited company is constituted, its administrators contract no
common or personal responsibility for the engagements of the company, but
they are responsible, personally and conjointly, to the company and to
third parties, for the failure of execution or the improper employment
of their mandate, and also for the violation of laws, regulations, and
statutes.
All companies are obliged to appoint at least once a year a censor chosen
by the general meeting, who directly represents the shareholders, and who
supervises the proper conduct of the company, and the accomplishment of
the legal formalities which concern it.
The Commercial Code contains many other enactments which tend to ensure
the correct and legal constitution, as well as the proper conduct, of
limited companies: but those we have cited will suffice to show that the
law-maker has striven to use the utmost foresight, with the object of
guaranteeing the interests and the capital confided to such companies.
Despite this prudence and foresight, we are forced to recognise that the
institution of such companies, which constitutes a powerful economic
lever when they are correctly administered and established with a view to
commercial and industrial utility, is at present discredited on account
of the abuses committed in its name at the time of the great crisis of
1890.
The institution of limited companies is so intimately connected with
the financial disasters of that period that its history is to a
certain extent the history of speculation, and it has suffered all the
vicissitudes of speculation.
In 1882, when Buenos Ayres was federalised and became the permanent
capital of the Republic; when public tranquillity was confirmed, with
the conviction that it would be long before it was disturbed; when the
public expenditure was increased, thanks to the employment of credit and
the issue of paper currency; when, in short, the prospect of universal
prosperity had awakened energy and initiative; there began to pass
through the country a light breeze of speculation, which was soon to
become a tempest; and the limited company, which until that time had
existed in a modest, inconspicuous degree, quickly assumed a greater
importance, with a more definite, more concrete form.
Public-domain text, read in full here on John Shaqi.
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