What are the consequences of non registration of charges?

What are the consequences of non registration of charges?

Positions of “exclusive trust of the employer”.

On the other hand, the law also clarifies the regime of remuneration, social protection, use of human and material resources as well as incompatibilities that will be applicable to senior officers included in its scope of application. In this way, problems that have arisen during the practical application of the regulations in this area are solved.

The articles relating to the system of remuneration and social protection cover a matter regulated in a dispersed manner in the General State Budget Law, the Social Security regulations and the passive classes regulations.

With regard to the limitations on the exercise of private economic activities after termination, there are two levels, one general and the other more intense. The more intense one affects senior officers of supervisory or regulatory agencies and bodies, who may not provide services to any entity that has been under their supervision, whether or not it has been affected by a decision.

Another important novelty introduced by the law is the procedure for examining the assets and liabilities of senior officers once they have ceased to hold office. In this respect, a report is regulated which, through a contradictory procedure with the interested party, must be drawn up by the Conflicts of Interest Office and which will analyze the asset situation of the senior official between his appointment and termination in order to detect possible irregularities.

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The assets increase, the liabilities decrease and the capital decreases.

In the case at hand, a deed is granted by a director of a company with a position not registered in the Mercantile Registry, which the notary warns of, although he issues a positive sufficiency judgment.

The authorizing notary appeals and alleges that the act is valid, since the non-registration of the position does not affect its validity, and cites in his favor case law of the DGRN on the same point, which is binding for all registrars.

In accordance with the above, we must conclude that in this case the DGRN has departed from its own previous doctrine and from the provisions of the law, since the appointment of administrators takes effect from their acceptance and therefore the failure to register does not determine by itself the invalidity or ineffectiveness of what was done by the administrator before the registration takes place.

Every charge corresponds to a credit memo

Home / Query center / Queries / Working Time / Ordinary / Attendance RegisterSharing / Sharing / No SharingWorking Time, Ordinary, Attendance RegisterWorking Time, Ordinary, Attendance RegisterShould workers who hold positions of leadership in the company or positions of exclusive trust of the employer register attendance in the control system? Excluded from the limitation of working time are workers who provide services to different employers; managers, administrators, attorneys-in-fact with administrative powers and all those who work without immediate superior supervision, among others. In this way, workers who hold positions of leadership in the company or positions of exclusive trust of the employer who are not in any of the situations described above and who have agreed in the contract a specific working day, must register their attendance in the control system maintained by the employer.Working Day, Ordinary, Attendance RecordWorking Day, Ordinary, Attendance Record

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Capital increase is debit or credit

In accordance with the provisions of Article 18 of the Commercial Code, only legal acts of a mercantile nature are registered, as well as, those related to merchants, and that according to the legislation require it in order to have effects against third parties.

The inscription or registration in the commercial registry is optional for individuals engaged in commerce and mandatory for all commercial companies with respect to their incorporation, transformation, merger, spin-off, dissolution and liquidation and for ships. The former are registered ex officio when registering any document whose registration is required, in accordance with the provisions of Article 19 of the Commercial Code.

The pre-coded form is the document that contains the essential data on the act to be registered, has blank spaces to be filled in with the corresponding data, and once electronically signed, it is added to the electronic commercial folio.

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