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The Directorate General for Legal Certainty and Public Faith confirms that the Mercantile Registry must keep a company's file closed if annual accounts for previous financial years have not been filed (Art. 378 of the Mercantile Registry Regulations). The resolution dismisses an appeal by a company claiming material impossibility due to the loss of accounting documentation, reaffirming that the regulation does not allow exceptions based on the cause of non-compliance.
For companies experiencing delays in filing accounts due to external factors (such as a management firm losing documentation), the effect is a total block on the ability to register documents in the Mercantile Registry (Art. 378.1 RRM). Neither the filing of new accounts nor the registration of any other document will be permitted until the status of the outstanding financial years is regularised.
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