TY - JOUR
T1 - ¿ES O NO ES OPR? PRECISANDO EL CONCEPTO Y EL ÁMBITO DE APLICACIÓN DE LA REGULACIÓN SOBRE OPERACIONES CON PARTES RELACIONADAS
AU - Villarreal, Osvaldo Lagos
N1 - Publisher Copyright:
© 2023 Pontificia Universidad Catolica de Chile. All rights reserved.
PY - 2023
Y1 - 2023
N2 - In some large transactions in the Chilean market, in which the existence of a conflict of interest situation for the controller of a publicly traded company is apparent, it has been discussed whether or not that transaction is a related party transaction. The answer has not been unanimous, neither from the market, nor from academia, nor between the financial authority and the justice, which may be attributed to conceptual issues. This paper aims to contribute to legal certainty for this type of transactions, by specifying the concept of related party transactions, the scope of its regulation and by the analysis of construction criteria used in difficult cases that have taken place in Chile.
AB - In some large transactions in the Chilean market, in which the existence of a conflict of interest situation for the controller of a publicly traded company is apparent, it has been discussed whether or not that transaction is a related party transaction. The answer has not been unanimous, neither from the market, nor from academia, nor between the financial authority and the justice, which may be attributed to conceptual issues. This paper aims to contribute to legal certainty for this type of transactions, by specifying the concept of related party transactions, the scope of its regulation and by the analysis of construction criteria used in difficult cases that have taken place in Chile.
KW - Related party transactions
KW - conflicts of interest
KW - corporate governance
KW - corporations
KW - directors
UR - http://www.scopus.com/inward/record.url?scp=85191374988&partnerID=8YFLogxK
U2 - 10.7764/R.503.1
DO - 10.7764/R.503.1
M3 - Article
AN - SCOPUS:85191374988
SN - 0716-0747
VL - 50
SP - 1
EP - 27
JO - Revista Chilena de Derecho
JF - Revista Chilena de Derecho
IS - 3
ER -