The deadline for submitting amendments to bill driven by the executive in order to dissolve commercial companies inactive has ended with contributions from Democrats and Concordia. Those of the majority parliamentary group focus on a new assumption necessary to start the process: the bill mentions that those affected are those who do not have one effective economic activity or employees and the amendment adds that it also does not have “assets or liabilities“. It must also be remembered that the company must have incurred at least two breaches of obligations out of the three mentioned – depositing the accounts, presenting the tax returns or find yourself in a registry blocking situation urged by the tax administration and contribute to Register of Companies the information relating to the beneficial owners – and for two consecutive years.
In line with this proposed amendment, it is added that the publication in BOPA to publicize the process must also serve “so that anyone can inform the director of Legal and Economic Records or the commercial registrar on the existence of assets or liabilities of the company, in the maximum term of thirty calendar days from the date of publication.” The results of the process are, with the addition of verification about assets or debtsadministrative dissolution if the lack of activitythe non-existence of assets and liabilities and at least two legal breaches, filing if these conditions are not met and suspension and transfer to Court of Batlles if the company has activity or has assets or liabilities, but accumulates at least two defaults.
Regarding the amendments of concordthe training proposes that the CASS is obliged to provide the information required of it about any employees of the company, including identity, in order to detect fraud. About the sanctions imposed on the owners of the company – the prohibition of holding administrative or management positions in other companies for one year – the group advocates that they only be applied if bad faith is verified with respect to the management of the dissolved company. Finally, another of the proposed changes consists of extend the term given to the businesses concerned for them to regularize the situation if they do not want to be dissolved: from the month covered by the bill to five months.
