The usefulness of spin-out in commercial companies

Abstract

The current requirements of the economy have forced various foreign trade laws to grant legal tools that facilitate the adaptation of commercial companies to this new reality. A reflection of the above is the regulation of figures such as spin-out, the usefulness of which is essential in the framework of strategic company restructuring processes.

In this way, it should be noted that in Costa Rica the split is not expressly regulated. But in Costa Rica the split and its correlative implementation processes have been studied in both national doctrine and law schools. However, we have noticed the absence of utility-related analyses that intrinsically have the implementation of a split in commercial companies.

Pursuant to the above, this Article seeks to make a brief approximation of the usefulness of the business split within the framework of the current requirements of the economy. In the first instance, we will analyze the definition of the split of companies from a doctrinal and legislative point of view, based on the references of the foreigner. Next, we will study the usefulness of implementing a business split. Finally, we will conclude with an analysis of the current regulatory situation of the split in Costa Rica.