
Consequences of the revoked NIF in registry access
On 18th September 2024, the General Directorate of Legal Certainty and Public Faith, addressed an appeal against the qualification of the Property Registrar of Huelva
Adapted to the needs of each client to provide a flexible and personalized support.
The aim of this Preliminary Draft and, therefore, of the future Ley de Modificaciones Estructurales, is to unify the criteria on the regime of structural modifications affecting commercial companies and to bring together in a single text all those operations that have both a national and transnational dimension (intra-Community and extra-Community operations). In this way, the aim is to avoid the forum shopping that certain commercial entities may wish to benefit from, eliminating as far as possible the differences and asymmetries existing between the Member States of the European Economic Area (EEA) affected by the Directive.
As new features to highlight, we should mention the following:
With this new regulation, the effects of which we will see in 2024 if nothing prevents it, the transposition of Directive 2019/2021 will finally be achieved, without prejudice to the fact that this transposition should have been carried out before January 31, 2023, the deadline imposed by the Directive itself.
Spain has taken a great step forward towards making the regulation in a single text of each and every one of the existing structural modifications a reality, since, as we know, the current Law 3/2009 only contemplates cross-border mergers on the occasion of Directive 2005/56/EC, which has already been transposed. With this, Spain and the rest of the EEA countries will be subject to a more unified procedure, hopefully more flexible and with fewer bureaucratic problems. Furthermore, in the absence of the full text, it will be very focused on the protection of workers, creditors and partners.
On 18th September 2024, the General Directorate of Legal Certainty and Public Faith, addressed an appeal against the qualification of the Property Registrar of Huelva
Judgment no. 311/2024 of the Madrid Provincial Court of 4 October 2024 analyses the requirements of article 249.3 of the LSC on the appointment of
The Ruling of the Provincial Court of Valencia, of September 24, 2024, no. 162/2024 is generally in favor of the broad admissibility of the challenge