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The Directorate General for Legal Certainty and Public Faith examines the registrability of a company whose corporate purpose includes CNAE 66.19 activity (auxiliary activities to financial services). The Mercantile Registrar has suspended the registration, considering that the generic wording of said activity could overlap with activities reserved exclusively for investment services firms (Art. 125 Law 6/2023). To avoid suspension, the company must specify its activity or expressly declare that it does not carry out reserved activities (Art. 123 Law 6/2023).
For companies incorporating with broad corporate purposes in the financial sector, there is a risk that the Mercantile Registry will suspend their registration if activities are not sufficiently defined (Art. 6 of the Mercantile Registry Regulations). Company promoters must avoid generic descriptions of auxiliary financial activities to prevent being required to comply with investment services firm regulations (Law 6/2023). A lack of specificity necessitates additional rectification procedures to achieve registration.
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