This is therefore a new step forward by the DGRN in seeking to strike a balance between the necessary rigor that must prevail in the Spanish registration system and the legal certainty needed for the recipients of assets during insolvency proceedings.
There is no abuse of law by former shareholders claiming indemnity from the company after guaranteeing company debts
To be treated as a specially related party (insider) at the insolvent company due to belonging to the same group of companies, it is necessary for the creditor to belong to the group when the claim arises
A fault-based assessment of an insolvency proceeding does not necessarily determine an order for the directors to pay the insolvency shortfall
Only the courts of the member state where the insolvency proceeding opens are allowed to hear action to set a transaction aside
A subordinated claim transferred to SAREB retains its classification if it had already been recognized as a subordinated claim and the period for challenging the list of creditors has expired