INDETERMINACIÓN DE LA RESPONSABILIDAD DE LOS ADMINISTRADORES APARENTES DE LAS SAS EN ECUADOR

Abstract

The present work reviews the role of the apparent administrator in the case of Simplified Stock Companies -hereinafter, SAS-, in Ecuador. To fulfill this purpose, the problem of the lack of sufficient regulation is addressed to, with legal certainty, assign responsibility in corporate matters to the apparent administrators; This makes it difficult to adequately supervise and control the operations of this type of company, generating legal uncertainty for both administrators and third parties involved in commercial relations with this type of company. The methodological approach is rationalist, allowing a systematic analysis of the problem using the inductive method and qualitative literature review techniques to collect relevant information from various academic and legal sources. The main results indicate that the lack of a more specialized regulation on the behavior of the apparent administrator in the Ecuadorian SAS generates ambiguity, making it difficult to protect the interests of the company and third parties.