Abstract

LEON TOVAR, Soyla. Mandatory nature of preferred dividend on non-voting shares in Mexico. Derecho glob. Estud. sobre derecho justicia [online]. 2021, vol.7, n.19, pp.16-49.  Epub Dec 13, 2021. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v6i19.357.

The objective of this paper is to analyze the non-voting shares authorized by the General Law of Mercantile Corporations (LGSM) to determine, in the silence of the law, whether or not the right to preferential dividend is consubstantial to these shares. For this, inductive, deductive and bibliographic methods are used and limited voting shares are studied to which the LGSM does confer that right. The result is that the preferred dividend is a compensation for the deprivation of the vote, as considered by foreign doctrine and legislation; therefore, in accordance with the principles of equality and majority of reason, non-voting shares in Mexico of their own accord the same economic compensation provided for shares with limited voting rights, or other economic value in favor of their holder, unless there is a resignation or express free disposition of the shareholder.

Keywords : Preferred dividend; non-voting shares; corporation; voting rights.

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