Transferencia de acciones bajo el Programa de Propiedad Participada
Author | Ricardo W. Beller |
Published date | 14 November 2007 |
Date | 14 November 2007 |
Law Firm | Marval O'Farrell Mairal |
1. Hechos
Bajo el Programa de Propiedad Participada (“PPP”) instituido mediante la Ley Nº 23.696 y en el marco de privatización de Gas del Estado Sociedad del Estado, se creó la sociedad Camuzzi Gas Pampeana S.A. (la “Sociedad”). Luego de la privatización, la composición accionaria de la Sociedad quedó conformada por un 20% de acciones clase “A” en poder del Estado Nacional, un 70 % de acciones clase “B” de Sodigas Pampeana S.A. y un 10 % de acciones clase “C” en manos del personal dependiente de la Sociedad. Asimismo, como consecuencia de la operatoria se suscribieron un contrato de fideicomiso entre el Estado Nacional y el Banco de la Nación Argentina (el “Banco”) y un Convenio de Sindicación de Acciones. Por este convenio se creó un Comité Ejecutivo (el “Comité”), representante de los empleados adquirientes de las acciones y se reguló el funcionamiento de la Asamblea de Accionistas Sindicados (la “Asamblea”).
Conforme a lo dispuesto por el Decreto Nº 584/1993 reglamentario de la Ley Nº 23.696, en el Acuerdo General de Transferencia se fijaron las pautas generales para la venta de las acciones sujetas al PPP. Se estableció que en caso de disponibilidad de acciones clase “C”, éstas primariamente debían ofrecerse al personal dependiente y sólo si...
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