According to registry note of August 16th, 2013, from the Registry of Companies:
“Annual accounts must be signed by the insolvency administrator in order to record his supervision thereof or be certified that the filed annual accounts have been overseen by him”.
The legal argumentation is based on the following articles of the Insolvency Act 22/2003:
Article 46:
“1. In case of intervention, administrators will be still obliged to draw up and audit annual accounts under the supervision of the insolvency administration.”
Article 75:
“ If the annual accounts corresponding to the fiscal year prior to the declaration of insolvency had not been filed by the debtor, they must be drawn up by the insolvency administration.”
This argument has been further confirmed by the General Directorate of Registries and Notaries by means of the Resolution of 6th March 2009, and is also supported by article 366.1.2 of the Companies Registry Regulation 1784/1996.
Vilá Abogados
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22nd of September 2013
