LIABILITY OF MANAGEMENT, AUDITORS, AND OVERSIGHT PERSONNEL IN CREDIT INSTITUTIONS FACING INSOLVENCY
LIABILITY OF MANAGEMENT, AUDITORS, AND OVERSIGHT PERSONNEL IN CREDIT INSTITUTIONS FACING INSOLVENCY

Summary/Abstract: This article aims to analyze the liability of individuals holding management, control, or executive positions within credit institutions that have become insolvent, starting with the definition and characterization of these entities. It examines essential aspects regarding the active and passive procedural standing in liability actions, as well as the legal nature of the obligations incumbent upon these categories of persons. The study addresses the general conditions for the engagement of liability, the possibilities for exemption, and the necessary distinctions between applicable forms of liability. The approach highlights the complexity of the legal framework governing bank insolvency and proposes a balanced interpretation of the regulatory framework, aiming to ensure adequate protection for both creditors and the persons concerned.

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