Application of administrators regime from law 1258 of 2008 in benefit of mining companies

Abstract

In Colombia, mining is developed, among other forms, through commercial companies of a family nature, to which the State grants the right to explore and exploit a mining deposit through a mining concession contract. In this manner, the State, and in order to encourage the participation of private individuals as exploiters of the mining resource, conceived its own policies and rules, such as Law 685 of 2001 and the single regulatory Decree of the administrative sector of mines and energy No. 1073 of 2015, so that these very individuals, who are organized under any corporate model, can contribute to the development of the mining industry.

In spite of the above, within commercial companies focused on developing mining as its social object, conflictive situations can be evidenced among its administration and internal management, which affects its interest groups because they go against the ethical administrators regime. Topics specifically regulated by Law 1258 of 2008, which strengthened the administrators Regime of responsibility brought by Law 222 of 1995, as a kind of measure focused on preventing and interfere struggles of management activity and tainted decision making or harmful of corporate interests. Therefore, the present article presents the results of the research developed to achieve the master's degree in law, based on how the administrators regime from Law 1258 of 2008 can be applied in benefit of companies that execute Mining concession contracts.