Form of the notice of shareholders’ meeting and nullity due to lack of good faith or abuse of rights
The Provincial Court of Madrid, in its Judgment 230/2024 of 2 July, analysed the validity of a notice of a general meeting of a limited
In a Resolution dated May 12th, 2023, the TEAR upheld the claim filed against the provisional ISD liquidation of the Community of Madrid, determined by the DGT of the Community of Madrid, which denied the application of the 99% tax credit, based on the fact that the donation documented before a French Notary Public and duly apostilled, would not be considered as a public document, a requirement established by article 3.five.2 of Law 4/2006, of December 22nd, 2006, on Tax and Administrative Measures.
On the contrary, the TEAR appreciates that those formalized before a foreign Notary cannot be excluded from the consideration of public documents, as long as they comply with the notarial legislation of the corresponding State, together with the fact that the apostille of the document has recognized the condition of “public document”, thus confirming its documentary cate gory.
The TEAR also ratifies that the only requirement demanded by Article 25.2 of Legislative Decree 1/2010, of October 21st, consists of the mere formalization of the donation by means of a public document, so that the granting of a notarial deed of donation itself cannot be considered essential.
The Provincial Court of Madrid, in its Judgment 230/2024 of 2 July, analysed the validity of a notice of a general meeting of a limited
The Commercial Register does not allow the registration of proposals discussed at a shareholders’ general meeting that do not become resolutions due to tied votes,
Once the annual accounts for several years have been approved at the same general meeting, the nullity of the accounts for one year does not
