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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding a commercial registrar's refusal to register a share capital increase. The resolution confirms that, for a capital increase funded by reserves, the auditor's signature on the underlying balance sheet must be notarised (Art. 6, 58, 168.4 RRM, 303 TRLSCap). The case also examines the possibility of partial registration when independent agreements, such as a change of registered office and a capital increase, are presented together.
Companies increasing capital through the incorporation of reserves must ensure the auditor's signature is notarised to avoid registration refusal (Art. 6, 58, 168.4 RRM, 303 TRLSCap). Notaries and companies must ensure this authentication requirement is met to guarantee the legal certainty of the instrument. In cases involving multiple agreements within a single deed, partial registration is deemed viable if the defects in one agreement do not affect the other (Art. 63.2 RRM).
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