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The Directorate General for Legal Certainty and Public Faith confirms that, in capital reduction processes to offset losses, it is mandatory to include the auditor's report on the balance sheet serving as the basis for the operation (Art. 323 LSC). The resolution examines a case where a company attempted to waive this report by citing unanimous shareholder agreement, which does not exempt it from complying with the legal requirements of the Capital Companies Act.
For limited companies undertaking capital reductions to restore the balance between share capital and net equity, shareholder unanimity does not substitute the legal obligation to present an audit report (Art. 323 LSC). Failure to meet this technical requirement results in the suspension of registration by the Mercantile Registrar, forcing the company to remedy the defect by providing the relevant report to achieve public registration.
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