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The Directorate General for Legal Certainty and Public Faith has resolved an appeal against a commercial registrar's refusal to register a share capital increase. The ruling examines the validity of general meeting resolutions that delegate to the Board of Directors the power to increase capital through cash contributions up to a limit of half the current capital (Art. 297.1.b LSC). The case focuses on the correct formalisation of resolutions and compliance with pre-emptive subscription rights.
For commercial companies, the ruling confirms the viability of delegating capital increases to the Board of Directors under the terms of Art. 297 LSC, provided that pre-emptive subscription periods are respected (one month from publication in the BORME). Companies using this mechanism must ensure that general meeting resolutions precisely define the maximum amount and the execution period (in this case, 5 years) to avoid further registration refusals.
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