Incorporación a una cuenta corriente mercantil de créditos entre sociedades de un grupo económico y veracidad de los estados financieros Comentario a la sentencia de la Corte Suprema de 31 de julio de 2020, rol n.º 29.982-2019

Abstract

The paper analyzes a Supreme Court’s judgement which confirmed, with a reduction, the fines imposed on managers of a public corporation by the former SVS. The firm reported in the financial statements some long-term credits, which debtors where related companies. It did not take steps to collect them in a considerable period of time, on the grounds that they had been included into a mercantile current account with few movements. The supervisor reclassified the credits as long-term, and concluded that the financial statements contained false information. An analysis validates critically this judicial decision, and offers an alternative basis for it, built on the content of the commercial current account contract.