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The Directorate General for Legal Certainty and Public Faith has upheld the negative assessment of a registrar who suspended the registration of an order initiating micro-enterprise liquidation proceedings. The ruling establishes that, pursuant to Article 555 of the Recast Text of the Insolvency Law, the presentation of a mandate issued by the Clerk of the Court (Letrado de la Administración de Justicia) specifying the judicial body, date, nature of the resolution, and its finality is essential for performing registry entries.
For companies in insolvency proceedings (micro-enterprises), the registration of resolutions in the Land Registry cannot be carried out through the mere presentation of a court order. It is mandatory for the Court to issue a formal mandate via the Clerk of the Court to prevent the suspension of registration due to formal defects (Art. 555 TRLC).
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