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Two clarifications from the Supreme Court on the rules for the disposal of essential assets and the scope of protection of the business judgment rule

26 July 2023



In its Judgment 1045/2023, the Spanish Supreme Court has provided certain clarifications regarding the legal concept of essential assets in the context of Article 160a of the Spanish Companies Act (LSC) and on the scope of protection of the business judgment rule (Article 226(1) LSC).

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