The commercial registrar cannot refuse to register a capital increase due to lack of information in the notice of meeting if the shareholders' meeting delegated that power to the board
17 Jun 202671 views
Who is affected:
Joint-stock companies, boards of directors and commercial registrars
Summary
The DGSJFP resolves a dispute regarding the refusal to register a capital increase of a SA due to alleged lack of information in the shareholders' meeting notice. It analyzes whether art. 287 LSC applies when the shareholders' meeting delegates to the board the power to increase capital.
Detailed analysis
PRO
The Directorate General for Legal Security and Public Faith examines whether the commercial registrar XVII of Madrid correctly denied the registration of a capital increase of 2,670,000 euros on the grounds that the shareholders' meeting notice did not comply with the information rights under art. 287 LSC. The company …
PRO exclusive content
Implicaciones prácticas, plazos y recomendaciones específicas para tu sector.
Resolución de 10 de marzo de 2026, de la Dirección General de Seguridad Jurídica y Fe Pública, en el recurso interpuesto contra la negativa del registrador mercantil XVII de Madrid a inscribir la escritura de aumento del capital social de una entidad.
The DGSJFP confirms that professional societies can only have professional activities in their corporate purpose. A veterinary SLP cannot include insurance inte...
Professional societies (SLP, SAP) wishing to expand their corporate purpose with non-professional activities
The General Directorate resolves an appeal after suspension of an LLC registration for including reserved financial activities. It analyzes whether statutory ex...
Limited liability companies with corporate purpose in financial consulting, patrimonial investment and auxiliary financial services
A company cannot file its accounts if the audit report was prepared after the meeting notice. The DGSJFP confirms that this violates shareholders' right to info...
Joint-stock and limited companies subject to audit that file annual accounts
Anti-money laundering controls are strengthened in notaries, crypto ATMs and digital identification. Administrative procedures are also simplified for listed co...
Financial entities, notaries, listed companies, gaming operators and public administrations
The Ministry of Economy authorizes the merger by which DKV Seguros absorbs Ergo Generales and Unión Médica La Fuencisla, which are dissolved. Customers of these...
Insured parties, policyholders and intermediaries of Ergo Generales and Unión Médica La Fuencisla
