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a Mortgage Law and 198 and 233 of the Mortgage Regulations). To sustain the opposite would mean, in addition to an unnecessary burden of the judicial task, an unjustified restriction of the potentiality of the registry institution and of the qualifying powers that presuppose a joint assessment of the title presented and the tabular contents […]

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According to the Directorate, the minutes drawn up and approved attest to the agreements and other points contained therein, as long as their inaccuracy or falsity is not proven. Therefore, except in exceptional cases in which the omissions or contradictions of the document presented, or the result of its confrontation with the content of the […]

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1 of the Limited Liability Companies Act, then in force, provided briefly that, “without prejudice to the effects attributed to the necessary publication in the” Official Gazette of the Mercantile Registry “, the effectiveness of the transformation will be subject to the registration of the Public deed in the Mercantile Registry ». According to its […]

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The first affirmation of the Board of Directors is that the Registry entries are under the safeguard of the Courts (article 1.3 of the Mortgage Law), so they cannot be rendered ineffective by means of governmental recourse. In any case, the registry qualification, carried out under the protection of article 353.3º of the Mortgage Regulation, […]

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If this presumption of validity of the inscribed is protected by the so-called principle of legality of which the public title and the registration qualification are basic components, the latter must be provided with rational and formally demanding means that allow its adequate development and success. In the one that gave rise to the present […]

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Incompatibility with previous real estate mortgage.- The existence of a real estate mortgage with an extension agreement to movable property that, being separable without damage to the material or deterioration of the object, is permanently placed on the property, contributing to its exploitation or to the service of any industry, implies the prohibition of subsequently […]

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Regarding the consequences arising from non-compliance with the obligation to deposit the annual accounts, the clear regulatory mandate contained in article 221 of the Corporations Law (drafted according to the second additional provision – section 20 – and the second final provision of the Law of Limited Liability Companies), as well as in article 378 […]

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Dissolution.- As a matter prior to the registration of a transformation of a limited company into a limited company, the question arises of the company being dissolved and its sheet canceled, by application of the sixth transitory provision of the Public Limited Companies Law. And the Directorate reiterates its doctrine that such cancellation is a […]