Corporate
The liability of the natural person representing the company acting as a director
The administrators of a company can be both natural and legal persons. For the latter case, it is mandatory to appoint a representative
The convening of meetings in acephalous companies
A corporation becomes acephalous when it is left without a functional administrative body. This situation can occur for multiple causes of very different origin. For example, with the death of…
Acephalous Corporations
Companies are often left without a management body. And the worst thing is that they are left without the ability to replace them: acephaly
Mandatory transfer of shares or partnership participations
The mandatory transfer of shares or participations is a very relevant issue in the evolution of companies. For that reason, it is one of the issues that cannot be avoided…
Annual Financial Statements: Does the Auditor’s “disclaimer of opinion” in his report violate the requirement to audit them?
By regulation, companies are obliged to audit their annual accounts. The auditor for his part has the duty to issue a report collecting his opinion on these.
When is it necessary to restate the annual accounts?
The reformulation of the annual accounts is exceptional, but essential if the requirements for its application are met. The responsibility of the Directors depends, to a large extent, on the…
Closing of the register’s data sheet and cancellation of entries
If after one year from the closing of the accounting year, the Annual Accounts are not deposited, the RM closes the registration sheet. The cancellation of registry entries implies, the…
Is the expiration of the deadline for the celebration of the Shareholders´meeting significant?
the Ordinary General Meeting does have a deadline to be held. Said ordinary meeting must be held in the first six months of the financial year.
Legal challenge of Company’s resolutions and its simultaneous correction
Our legislation expressly allows companies to adopt resolutions that leave the previous agreements without effect.
Chairman or the Board of Directors? Who convenes the Meeting?
If the call does not meet the legally required requirements, the general meeting will void. The reason is that the power to call the meeting is a non-delegable power of…
