Claim to exclude a shareholder from an SL (limited company) (LSC 350-352)
Claim to exclude a shareholder from an SL (limited company) (LSC 350-352) 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.
We draft the claim to the Juzgado Mercantil to exclude a shareholder from an SL on a statutory ground: breach of ancillary obligations (prestaciones accesorias), breach of the non-competition duty (as a director), or a final judgment ordering them to compensate the company. We automatically check whether an additional court judgment is required (shareholder's stake over 25%, LSC 352.2). After exclusion: reimbursement of the fair value of their stake.
- 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 to exclude a shareholder from an SL (limited company) (LSC 350-352): how is it filed?
- 1Answer the questions (around 15 minutes).
- 2Payment of 1.490 € (legal representation and procurador included).
- 3We file the claim via LexNET through our procurador, with the analysis of whether a judgment is required, and send you proof of filing.
Which documents do you need?
- •Minutes of the general meeting resolving the exclusion.
- •Company bylaws (estatutos sociales).
- •Documentation evidencing the ground (breach, competition, final judgment).
Legal basis and things to bear in mind
- Legal framework: LSC 350-352.
- SL (limited companies) only.
- Over 25% of capital: a court judgment is mandatory.
- Related procedures: derecho_separacion_socio_sl, impugnacion_acuerdos_junta_sl, demanda_responsabilidad_administrador.
Claim to exclude a shareholder from an SL (limited company) (LSC 350-352): frequently asked questions
Claim to exclude a shareholder from an SL (limited company) (LSC 350-352): 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 to exclude a shareholder from an SL (limited company) (LSC 350-352): how long does it take?
Judgment: 8-14 months (juicio ordinario, ordinary proceedings).
Claim to exclude a shareholder from an SL (limited company) (LSC 350-352): which documents do I need?
You need to have to hand: Minutes of the general meeting resolving the exclusion., Company bylaws (estatutos sociales)., Documentation evidencing the ground (breach, competition, final judgment).. 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
- Registering as self-employed (Hacienda, the Spanish tax authority, and Seguridad Social)
- Baja como autónomo (Hacienda + RETA) (De-registration as self-employed)
- Deferral of a Seguridad Social (Social Security) debt (LGSS art. 23 plus RD 1415/2004)
- Deferral or instalment plan for a debt with the AEAT (Spanish Tax Agency) (art. 65 LGT)
- Application for a refund of amounts wrongly paid (devolución de ingresos indebidos) (LGT art. 221 + RD 520/2005)
- Tarifa Plana for the self-employed: application for the reduced flat-rate contribution
Based on the legislation in force and on the official site of the competent authority: Juzgado de lo Mercantil del domicilio social - LexNET ↗.
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