The Directorate General for Legal Certainty and Public Faith confirms that a company's provisional removal from the AEAT Entity Index or the revocation of its Tax Identification Number (CIF) prevents the registration of any document in the Mercantile Registry (Art. 1 and 2 of the qualification note). To ensure the registry sheet remains operational, it is imperative to reinstate the tax identification number or have a new one assigned, following publication in the BOE (Art. 2 of the qualification note). Furthermore, the resignation of a sole director requires the prior convening of a General Meeting in accordance with the law and the company's articles of association (Art. 3 of the qualification note).
For commercial companies (SMEs or large enterprises) that are inactive with the Tax Agency or have a revoked CIF, the ability to modify their governance structure or register changes of directors with the Mercantile Registry is blocked (Art. 1 and 2 of the qualification note). This creates a risk of operational paralysis, as terminations or appointments cannot be formalised until the tax situation is regularised and the reinstatement is published in the BOE (Art. 2 of the qualification note). Additionally, directors must ensure the formal convening of the General Meeting to ensure the resignation is eligible for registration (Art. 3 of the qualification note).
The tax team reviews your specific situation.