In the event that the administration of a company is attributed to a plurality of administrators, they may act in solidarity or jointly. The administrators will act jointly and severally, if each of them can dispose of the assets and liabilities of the company, contract obligations and acquire rights, without the need to concur to do so with other administrators. In other words, when there are one or more joint administrators, each of them can commit and represent the company against third parties, without the competition or the signature of the rest of the administrators.
Of course, they must agree among themselves so that the administration of the company is effective, but each one of them has full powers to direct the corporation. It is a form of organization of the administration of the company in which priority is given to speed and operability in terms of decision-making.
Even though the law only contemplates the possibility of joint administration or joint administration In general, in the event that there is a plurality of administrators, the control that the joint administrator or administrators have in certain functions that are especially important for the company could be increased, through the establishment of partner agreements. The aforementioned agreements cannot be registered in the Companies register and, therefore, neither oppose third parties. But yes, they are binding between partners signatories and can be enforced among themselves.
Advantages of solidarity administrators
The following are considered advantages of the joint administration:
- The impossibility of paralyzing the corporate bodies in such a way that they make the functioning of society impossible.
- Avoid delaying decision-making as a result of differences of opinion or conflicts between administrators.
- The possibility of taking advantage of opportunities that are presented, as it is not necessary to delay the decision to adopt.