The Resolution of the DGSJFP of September 5, 2022, published in the BOE on October 14, is to determine whether a power of attorney granted by a joint administrator of a Limited Liability Company acting on its behalf can access the Mercantile Registry. own name and on behalf of the company.
The Registrar suspends the registration due to lack of consent of the other joint administrator and the interested party appeals, stating that the purpose of the power of attorney is for the person designated as proxy to act on his behalf and together with the other joint administrator on behalf of the company. In short, and according to the writ of appeal, what is intended in the event of fact is that a joint administrator grant power of attorney in favor of a third party so that he or she acts together with the other joint administrator, binding the company.
The DGSJFP dismisses the appeal on the understanding that it is not feasible to register a power of attorney granted by a joint administrator in favor of a third party so that he may exercise the organic competence of said position together with the other joint administrator appointed as it implies an absolute distortion of the figure and because it is an assumption contrary to the content of the Capital Companies Law.
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