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José M.
José M., Attorney
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What is the personal libility of an administrator of a limited

Resolved Question:

What is the personal libility of an administrator of a limited company in spain if the company is bankrupt?
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

Attorney3044 :

Hi Sir I am an spanish attorney

Attorney3044 :

I will answer you now

Attorney3044 :

As a general rule the administartor has not personal libility

Attorney3044 :

The company has to pay dubts with its own money

Attorney3044 :

BUT the administrator has certain legal obligations to observe

Attorney3044 :

The law its

Attorney3044 :

Art 236

Attorney3044 :

Responsibility budgets. 1. The administrators of law or fact as such, they will respond to society, front partners and social creditors, of the damage that caused by acts or omissions contrary to the law or statutes or by the breach of the duties inherent in the position. 2. In any case the fact that the Act or injurious agreement has been adopted, it waived liability authorized or ratified by the general meeting.

Attorney3044 :

Now In am going to translate WHEN they have personal libility

Attorney3044 :

• Do not carry any kind of accounting, nor make any balance on the situation of the society. • do not convene any meeting. • do not liquidate the company in accordance with law. Not giving it low registralmente that creates a serious creditors, who suffer their credit risk, violating the rules of safety and good faith commercial. •Ignorancia from the administrator of all matters relating to the giro and traffic of the society that administers. •caracter operation risky, attributable to purchases made, after a year or more of negative accounting exercises. 2. In any case the fact that the Act or injurious agreement has been adopted, it waived liability authorized or ratified by the general meeting.

Attorney3044 :

In this cases the adminstrator has personal liabiliti

Attorney3044 :

You have a very good information

Attorney3044 :

I will be here if you need more information

Customer:

The specific problem which I have is that I resigned from the post of administrator in 2009, but the owners did not appoint a new administrator or remove my name from the registry. What can I do to rectify this situation as the UK company who owns the bankrupt company are refusing to pay the redundancy payments to the employees, although they have been paying their salaries upto the end of October. The employees are threatening to sue me for the redundancy payments.

Attorney3044 :

Your responsability ends four year since your resign

Attorney3044 :

The law says

Attorney3044 :

"The action against the partner managers and managers of the companies or societies will end at age four, to run from that for any reason they cesaren in the exercise of the Administration".

Attorney3044 :

So, you have now responsability

Customer:

Is that a responsibilty for things before the date of resignation or for things which happened after the resignation.

José M., Attorney
Category: Spain Law
Satisfied Customers: 4939
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Expert:  José M. replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  José M. replied 2 years ago.

your responsability its for what you did, up to 4 years after resign

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