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The court can dissolve a company if it fails to meet its obligations

20. 5. 2024
The court can dissolve a company if it fails to meet its obligations

In the opinion of the Supreme Court, the legal interest in the dissolution of a company with liquidation is essentially determined by the lack of updated and complete entries in the Commercial Register and the Collection of Deed about the entity in question.

In the present case, the company had failed to submit its annual reports in the Collection of Deeds for more than 15 years. It did not respond to the requests and notices of the registration court until it ordered its dissolution. The Supreme Court confirmed that there was an interest in its dissolution as the entries in the Commercial Register and the Collection of Deed did not fulfil their informative function towards third parties such as consumers, customers and business partners.

It is therefore crucial for companies to fulfil their obligations (not only for the purposes of entering the Collection of seeds, but also to keep the information in the Commercial Register up to date as regards the persons authorized to represent them, as well as, for example, the object of their business). Although this may seem very strict, insufficiently updated and incomplete information on legal entities may be relevant grounds for their cancellation. In most cases, dissolution is irreversible. This increases the protection of third parties who rely on the information available in the Commercial Register and the Collection of Deed for their business transactions and decision-making.

 

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