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The following are some considerations on the new cause for dissolution due to non-compliance with the requirements of an ongoing business (ROB), its suspension and the continuity of the cause for dissolution due to losses as a consequence of the provisions set fort the in the companies’ bylaws.
A.
Verification of the occurrence of the cause for dissolution due to non-compliance with the ROB
Before to the issuance of Law 2069 of 2020 (Entrepreneurship Law), the Commercial Code established the cause for dissolution due to losses consisting in the decrease of the net equity below 50% of the subscribed capital.