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The Directorate General for Legal Certainty and Public Faith has upheld an appeal against a negative decision by a commercial registrar, which had rejected the filing of accounts for a company (Aristóteles Solar, SL). The rejection was based on a defect in the beneficial ownership declaration under Directive (EU) 2015/849 and Order JUS/616/2022. However, the decision was overturned on the grounds that the registrar's decision was not sufficiently reasoned to allow the interested party to mount a defence (Art. 326 of the Mortgage Law).
For companies filing their annual accounts, this resolution reinforces the requirement for Commercial Registrars to adequately justify their negative decisions, ensuring the interested party understands the essential legal criteria for their defence (Art. 326 of the Mortgage Law). In this specific case, it prevents the imposition of a beneficial ownership declaration model that did not accurately reflect the company's structure (86.65% of voting rights).
The tax team reviews your specific situation.
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