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BOE-A-2026-17467 ·10 August 2026 ·Resolution not-relevant
Insolvency

Ruling on the mandatory registration of voluntary insolvency proceedings and the liquidation phase in the Land Registry

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's decision not to record a voluntary insolvency proceeding or to register the liquidation phase and the approval of a company's liquidation plan (Facts I). The case also examines the validity of registering a property sale when the vendor is in insolvency proceedings (Facts II).

In 2 key points

  1. The appeal challenges the registrar's refusal to record the voluntary insolvency and the liquidation phase (Facts I) (Hechos I)
  2. The registration of a property sale following the declaration of the vendor's insolvency is analysed (Facts II) (Hechos II)

How it affects those involved

For companies in insolvency, the ruling emphasises the importance of ensuring that insolvency status and its liquidation phases are correctly recorded in the Land Registry to guarantee the legal certainty of the chain of title. For purchasers of property from insolvent companies, there is a risk that insolvency or liquidation annotations may not be made, affecting the public record regarding the vendor's status (Facts II).

Lifecycle

2026-08-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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