EXPERTISE

Deviation of client portfolio by a family business administrator. Precautionary measure of substitution of the administrator by a judicial administrator.

Giménez-Salinas | Practice Area: Company law and administrators.

A minority partner of a family business group, consisting of a service and equity firms, suspected that his brother, who is a majority partner and de facto sole administrator, was diverting all turnover, clients and workers to another of his ownership. In this way, the manager claimed a loss in the family business while in fact was appropriating all the turnover and goodwill.

After an investigation phase, we filed a complaint against the administrator, in the exercise of the liability action. The peculiarity of this case is that, at the same time that we filed that claim, we requested an inaudita parte precautionary measure, in which the Court appointed a judicial administrator in the company owned by the defendant, through which it diverted the goodwill. The court considered the requested precautionary measure of substitution of administrator and intervention of computers, and thus, from the beginning of the lawsuit, the defendant administrator lost control of his company and, in case the demand prosper, our client may see all the goodwill reintegrate in the family business, in addition to being able to remove the administrator.

These types of measures are called precautionary measures and, although they are not usual and have to be based very precisely, they allow the plaintiff to assure the outcome of the lawsuit, so that the passage of time does not harm him.

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