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The Directorate General for Legal Certainty and Public Faith has resolved an appeal filed against the registration of the removal and appointment of a new sole administrator in the Málaga Mercantile Registry. The dispute arose following the submission of a deed of general meeting resolutions, the legitimacy and validity of whose calling were challenged by the removed administrator, who even alleged the existence of a criminal complaint (Facts I and III).
For the company 'Antigua Venta de San Antonio, SL', the resolution determines the validity of the registration of the changes in management against the opposition presented. For the entity 'Zumaque, SL', which held the administration, the resolution confirms the loss of its registered status following the completion of the registration and the marginal note of opposition (Fact III). The case highlights the risk that the mere filing of an opposition does not halt the completion of the registry entry (Fact III).
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