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
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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 …
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