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The Directorate General for Legal Certainty and Public Faith has confirmed that the cancellation and closure of commercial company registry pages cannot be based solely on private documents or claims of inactivity (Art. 326 of the Mortgage Law). The appellant sought to close the registry pages of three companies, alleging dissolution due to inactivity and lack of assets; however, the resolution emphasises the necessity of presenting public titles that comply with the Capital Companies Act to carry out such entries.
For directors of companies in a state of inactivity or de facto dissolution, this resolution ratifies that a 'closed page' status or a revoked Tax Identification Number (NIF) does not allow for registry closure through simple administrative procedures or private documents. Directors must provide public titles proving dissolution and liquidation in accordance with the Capital Companies Act to avoid the 'petrification' of their registry status and the subsequent inability to perform notarial acts.
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