Defunct Companies in Legal Proceedings.

Abstract

Although legal scholars have debated the point, the Supreme Court and the Directorate-General of Registries and Notarial Affairs have long upheld the thesis that a company’s legal personality is not entirely wiped out by registration of the company’s cancellation. The Supreme Court, however, has ruled contradictorily on whether or not it is necessary to apply to have the cancellation entry annulled and the liquidation reopened in order to maintain the defunct company’s capacity to be a party to legal proceedings.