CIDP researcher Filipa Santos Rocha has just had her most recent monograph published by Almedina under the title Negócios entre a Sociedade e os Sócios - Em especial, a atribuição oculta de bens aos sócios.
The study stems from a reflection on the fact that, not infrequently, in corporate practice it is necessary to conclude contracts with partners with the aim of attributing part of the corporate assets to one of them. There is no obstacle to these contracts in general corporate law; however, these may jeopardise the legally protected interests of both the other partners and the company's creditors.
Therefore, this monograph seeks to answer the question of to what extent the interests of the other partners and social creditors justify the invalidity of these transactions. In particular, it is analysed the susceptibility of analogous application of articles 397, no. 2 and 29 of the CSC, as well as articles 249.º-A to 249.º-C of the CVM, to these businesses, as well as the mobilization of the regime for distributing assets to partners as a criterion for delimiting the validity of businesses between the company and its partners.
The book can be purchased here.