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Claim for liability of a company director (LSC 236-241 bis + 367)

Claim for liability of a company director (LSC 236-241 bis + 367) 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 court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them.

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We draft the director's civil liability claim for you. Three separate actions: (i) CORPORATE ACTION (acción social, LSC 238-239): brought by the company or by a shareholder holding 5%; (ii) INDIVIDUAL ACTION (LSC 241): direct harm to a shareholder or a third party; (iii) CORPORATE DEBTS ACTION (LSC 367): breach of the duty to promote dissolution. We check the limitation period (4 years from the date of knowledge) and the standing requirements for each type.

What we charge you
€1,490
Managora's fee
€1,489.99 (21% VAT incl.)
Tasa (official government fee)
Individuals: EXEMPT from the court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Judgment in 12-18 months (ordinary proceedings, juicio ordinario).
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 and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra..

Claim for liability of a company director (LSC 236-241 bis + 367): how is it filed?

  1. 1Answer the questions (around 18 minutes).
  2. 2Payment of €1.490 (legal representation and procurador included).
  3. 3We file the claim via LexNET (the Spanish courts' electronic filing system) using our procurador, with an analysis of the type of action, and send you proof of filing.

Which documents do you need?

  • •Annual accounts and filings.
  • •Minutes of the general meeting authorising the claim (for the corporate action).
  • •Documentation evidencing the wrongful conduct.

Legal basis and things to bear in mind

  • Legal framework: LSC 236-241 bis + 367.
  • Limitation period: 4 years (LSC 241 bis).
  • Corporate action: minimum 5% shareholding required.
  • Related procedures: procedimiento_concursal_voluntario, dimision_administrador_sl, deposito_cuentas_anuales.

Claim for liability of a company director (LSC 236-241 bis + 367): frequently asked questions

Claim for liability of a company director (LSC 236-241 bis + 367): 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 and procurador included). Individuals are exempt from the court tasa; companies add the tasa according to the amount claimed. Expert witnesses and the other side's costs, if any, are extra.. 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 court tasa (official fee) (art. 4.2.a of Ley 10/2012). Companies: tasa according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the lawyer OURSELVES: the procurador's scale fee (RD 1373/2003) is advanced to you as a suplido (disbursement) and passed on to you without VAT, according to the amount of the claim. It does not include expert witnesses or the other side's costs if the court orders you to pay them..

Claim for liability of a company director (LSC 236-241 bis + 367): how long does it take?

Judgment in 12-18 months (ordinary proceedings, juicio ordinario).

Claim for liability of a company director (LSC 236-241 bis + 367): which documents do I need?

You need to have to hand: Annual accounts and filings., Minutes of the general meeting authorising the claim (for the corporate action)., Documentation evidencing the wrongful conduct.. 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 for liability of a company director (LSC 236-241 bis + 367)»?

We file it for you, from start to finish.

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