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It is obvious that this does not exclude, by virtue of the right to effective judicial protection that the Constitution proclaims, that society can urge judicial proceedings a posteriori.

By virtue of this, this Directorate General has resolved to dismiss the appeal filed by Mr. Francisco López de Tejada Cabeza, on behalf of “Real Sociedad de Fútbol, ​​SAD”, against the qualification made by the Mercantile Registrar of San Sebastián on 22 November 2004 regarding the deposit of the annual accounts corresponding to the fiscal year 2003/2004.

Right to information.- 1. Deed of public elevation of social resolutions of transformation of a Public Limited Company and other statutory modifications is presented in the Registry. From the announcements of the convocation –that are testified– it is found: a) that the announcement is signed by “the President”. b) that the said call is made “next August 1, 2003, at 11 am on the first call, at Headquarters according to the Agenda”.

The Registrar, apart from other defects that have already been corrected, denies the registration for the following defects: 1. The expression “at Headquarters” does not clearly express the place where the Meeting is held; 2. It does not appear that the call was made by resolution of the Board of Directors. 3. The right of shareholders to examine the text of the proposed amendment and the report on the same at the registered office is not recognized, nor the possibility of requesting the sending of both.

The interested party appeals (the first two defects are examined later in the section “General Meeting: call”).

This General Directorate has agreed to estimate the appeal regarding the first of the defects and dismiss it regarding the others.

Right to information.- 1. Deed of elevation to the public of social agreements for the reduction of capital of a Public Limited Company transformed into a limited company is presented in the Registry several years later without the transformation having been registered.

The Registrar, apart from other defects that have already been corrected, denies the registration due to the defect that the right of the shareholders to examine the text of the proposed modification and the report on it is not recognized at the registered office, nor the possibility of requesting the sending one and the other.

Distribution of responsibility over several farms. Consequences of the inability to register on one of them

Once a mortgage with distribution of responsibility on a mine and on the excess of it is constituted, since the excess of the concession is part of the mortgage with distribution of responsibility -which is equivalent to as many mortgages- on the mine and on the too much, considered as an independent farm.