{"id":16243,"date":"2024-08-02T06:00:38","date_gmt":"2024-08-02T06:00:38","guid":{"rendered":"https:\/\/letslaw.es\/?p=16243"},"modified":"2024-07-04T13:45:42","modified_gmt":"2024-07-04T13:45:42","slug":"company-liquidation-process","status":"publish","type":"post","link":"https:\/\/letslaw.es\/en\/company-liquidation-process\/","title":{"rendered":"Company Liquidation Process: liquidation body and key operations"},"content":{"rendered":"

The dissolved company still needs an organizational structure, which remains dual: on the one hand, the general meeting of partners; on the other hand, a body equivalent to the administrative body, which is replaced by a specific liquidation body.\u00a0<\/span><\/p>\n

The liquidators are the management and representative body of the dissolved company<\/b>, and occupy a legal position similar to that occupied by the administrators in the previous period. The management body and the liquidation body are therefore incompatible. Therefore, upon dissolution, the directors cease to be directors and the liquidators are appointed as a replacement body, whose regime is governed by the rules applicable to the directors unless they are in conflict with their own specific rules. The structure of the administrative body can, in this sense, replicate the possibilities offered in this respect by the administrative body.\u00a0<\/span><\/p>\n

The appointment of liquidators may be regulated by the bylaws<\/b>. But in the absence of statutory provision, the rule of appointment states that the appointment corresponds to the general meeting.\u00a0<\/span><\/p>\n

What is undesirable is that the body remains vacant, either by silence of the bylaws, or by lack of pronouncement of the general meeting, and for this purpose it is foreseen:<\/span><\/p>\n