Financiamento e governação societária

: credor controlador, covenants e deveres de lealdade

Abstract

Corporate creditors play, nowadays, an important role regarding the business decision-making process. Due to the apposition of covenants in the contracts they sign with corporations, creditors gain the power to intensively influence members of the board. This research aims, initially, to clarify the means by which a corporate creditor may become a controlling creditor, by virtue of its power of influence over the corporate management. This thesis also aims to analyze the adequacy of the solution that advocates that the controlling creditor may be subject to corporate loyalty duties, generically or in similar terms regarding the controlling shareholder’s duties, as a way of shielding relevant corporate interests that may be affected, due to the power of influence and control exercised by the creditor.

Date of Award	26 Jan 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)