Resolution on registration of liquidation of real estate company with mixed distribution of assets
11 Jun 202697 views
Who is affected:
Corporations in liquidation, liquidators, shareholders and commercial registrars
Summary
The DGRN resolves a dispute on whether it is valid to distribute corporate assets in real estate and cash without unanimous consent of shareholders when liquidating a corporation. It analyzes whether the statutory amendment approved by majority can circumvent the legal requirement of unanimity.
Detailed analysis
PRO
The Directorate General of Legal Security and Public Faith examines whether a corporation in liquidation can distribute corporate assets in mixed form (real estate and cash) approved by a 60% majority, circumventing the unanimity required by art. 393 LSC. The registrar suspended registration upon understanding that byl…
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