Keeping shares duty in the acting in concert agreement of the securities market law

Resumen

In the shareholder’s agreement defi ned in art. 98 of the Securities Market Law, there are potentially confl icting interests: on the one hand, its members have committed to act jointly in the formation of the company’s will; on the other, each member may exit the company transferring his share to a third party. For lack of an express clause, this problem may be resolved integrating in the contract a keeping shares duty as a conduct secondary duty.