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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a deed for the unilateral exercise of an option to purchase. The dispute arose because the notification of the option's exercise was sent to an address where the company Noski Inversiones, SL was no longer registered, preventing the effective service of the notification (Facts I and II).
For companies holding option to purchase rights, the ruling highlights the risk that unilateral exercise may not be registrable if the notification of the requirement is not effectively served at the correct address. For notaries, it reinforces the need to verify the validity of registered offices when issuing requirements to avoid a negative assessment from the Land Registry.
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