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Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208)

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208) is filed with Juzgado de lo Mercantil del domicilio social - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €1,490. Official tasa (government fee): Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them.

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We draft the claim to the Juzgado Mercantil (Commercial Court) to challenge a general meeting (junta general) resolution for abuse of majority (harming the company's interest for the benefit of one or more shareholders), obstructive abuse of minority, or for contravening the law, the company's bylaws (estatutos) or public policy (orden público). We check standing to sue (1% of capital; 1 per thousand for listed companies; any shareholder if public policy is at stake) and the deadline (1 year, except for public policy grounds, which is not subject to any time limit).

What we charge you
€1,490
Managora's fee
€1,489.99 (21% VAT incl.)
Tasa (official government fee)
Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Judgment: 8-14 months (juicio ordinario, ordinary proceedings).
Where it is filed
Juzgado de lo Mercantil del domicilio social - LexNET ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate..

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208): how is it filed?

  1. 1Answer the questions (around 15 minutes).
  2. 2Payment of 1.490 € (legal representation and procurador included).
  3. 3We file the claim via LexNET through our procurador, with the analysis of standing to sue and the deadline, and send you proof of filing.

Which documents do you need?

  • •Minutes of the challenged general meeting.
  • •Company bylaws (estatutos sociales).
  • •Documentation evidencing the harm to the company's interest.

Legal basis and things to bear in mind

  • Legal framework: LSC 204-208 (as amended by Ley 31/2014).
  • Deadline: 1 year (no time limit for public policy grounds).
  • Minimum 1% of capital (1 per thousand for listed companies).
  • Related procedures: impugnacion_acuerdos_junta_sl, demanda_responsabilidad_administrador, demanda_exclusion_socio.

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208): frequently asked questions

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208): how much does it cost?

We charge you €1,490: our fee plus, where applicable, the fixed official tasa we advance. Our fee 1.490 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate.. Managora's fee is €1,489.99, 21% VAT included (€1,231.40 net + €258.59 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them..

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208): how long does it take?

Judgment: 8-14 months (juicio ordinario, ordinary proceedings).

Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208): which documents do I need?

You need to have to hand: Minutes of the challenged general meeting., Company bylaws (estatutos sociales)., Documentation evidencing the harm to the company's interest.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Juzgado de lo Mercantil del domicilio social - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Juzgado de lo Mercantil del domicilio social - LexNET ↗.

Shall we get started with «Claim challenging a corporate resolution (acuerdo social) for abuse of majority/minority shareholders (LSC 204-208)»?

We file it for you, from start to finish.

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