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The Directorate General for Legal Certainty and Public Faith confirms that companies must file their annual accounts for the first financial year, even if no commercial activity has taken place, in order to proceed with filings for subsequent years (Art. 378 RRM). In this instance, an appeal by a company was dismissed; the company sought to file its 2024 accounts without having filed those for 2023, arguing that its activity only commenced after incorporation (Art. 24 LSC).
For incorporated companies that stipulate in their articles of association an operational start date subsequent to the deed of incorporation, the legal obligation to submit the accounting documents for the first financial year remains (Art. 24 LSC). Failure to complete this prior filing prevents the company from registering accounts for subsequent financial years in the Mercantile Registry (Art. 378 RRM).
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