Recuperación de pequeñas y medianas empresas en concurso a través de sociedades cooperativas y su contribución a la «responsabilidad social concursal»
Abstract
The fact that lawmakers design measures for restructuring and putting businesses on sound footing without taking SMEs into account is a source of great concern in a country like Spain whose industrial fabric is formed by a much larger number of SMEs than in other countries. Even medium sized companies end up «dying in the long term» due to insolvency procedures which drive them to unavoidable settlements. In view of this problem which lawmakers have not solved and a neverending economic crisis, cooperatives are called to take an active role as the main players in restructuring and recovering businesses. We have gained valuable experience through our past industrial reorganisation and that of other countries such as Argentina where the recession led to spontaneous social phenomena in which workers staged an economic resistance movement known as the «Movimiento Nacional de Fábricas Recuperadas». This was mostly distinctive for workers themselves managing to buy the bankrupt company’s facilities and continue operating as a cooperative. This brief study focuses on this possibility from the procedures set down in our Insolvency Act and its contribution to what we could call an emerging «Social Responsibility in Insolvency».
Received: 15 October 2012
Accepted: 18 November 2012
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