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BOE-A-2026-4734 ·28 February 2026 ·Resolution Low impact
Tax

Individuals: refusal to register share exchange revoked due to registrar's lack of reasoning

The Directorate General for Legal Certainty and Public Faith has upheld an appeal against a registrar's decision in Cogolludo, revoking the suspension of the registration of a deed for rectification and exchange of shares (Resolution of 29 October 2025). The ruling is based on the fact that the registrar's assessment lacked sufficient reasoning and erroneously cited Article 205 of the Mortgage Law, thereby violating the interested party's right to defence. The registration of the exchange regarding property 1,476 in El Cardoso de la Sierra is now permitted.

In 2 key points

  1. The registrar's decision is revoked due to a lack of clarity and the incorrect citation of applicable regulations (Resolución de 29 de octubre de 2025)
  2. A two-month period applies to appeal the resolution before the Civil Court (arts. 325 y 328 de la Ley Hipotecaria)

How it affects those involved

This ruling reinforces the requirement for registrars to provide clear, well-reasoned justifications for their decisions and ensures that incorrect legal citations cannot be used to impede the registration process.

Lifecycle

2026-02-28PublishedPublished 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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