Abstract

ARIAS, Sebastián  and  HIRSCHLAFF, Alan. Tracking stocks and the preliminary draft reform of Section 307 of the Commercial Companies Law: a win-win text. Rev. Derecho [online]. 2022, n.26, pp.3-22.  Epub Dec 01, 2022. ISSN 1510-3714.  https://doi.org/10.22235/rd26.2878.

Tracking Stocks are a type of shares that have found support in different comparative law corporate legislation. These shares undoubtedly respond to the new demands of the market, and are a fundamental tool in corporate matters. With a new projection of reform of the Commercial Companies Law, in particular of section 307, the tracking stocks become a legislated reality. For these reasons, this paper seeks to address the particularities of this institute, its legal nature, what practical implications it has regarding the economic and political rights of shareholders, and in particular, what have been the arguments put forward by our national doctrine to consecrate them even without express legislation. Having established these bases, the reader is introduced to the changes and solutions implied by its regulation in the projected reform, concluding with some considerations that the topic under study has deserved.

Keywords : tracking stocks; legal nature; economic rights; joint-stock company; simplified joint-stock company; commercial companies..

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