Today, General Resolution No. 1/2015 of the IGJ was published with the Official Gazette. This resolution states a new proceeding to request public information to the IGJ, different to the one in force since June 2012, which established the obligation to evidence being an interested part, attorney-in fact-, legal counsel or authorized to request information. Also, the previous proceeding required to prove a legitimate interest in the case of information requests of registered filings.
Upon the new proceeding, the request of information must be filed with the IGJ, after the payment of a fee (application form correspondent to Resolution from the Justice Ministry´s Resolution No. 2794/2012 and amendments). The applicant could be exempted from paying the fee through the delivery of a letter to the General Inspector of the IGJ explaining the reasons of such request.
The following information could be requested under the aforementioned resolution:
1. Information of local and foreign companies:
a) Full name of the partners of local companies, except corporations (Sociedades Anónimas) and the co-agent partners in Limited Share Partnership Companies (Sociedad en comandita por acciones);
b) Date of incorporation;
c) Registered office;
d) Corporate capital;
e) Composition of the registered Board of Directors or legal representative;
f) Composition of the registered supervisory body;
g) Date of fiscal year´s end;
h) Registrations with the IGJ information (date, number, book, file);
i) Validity;
j) Date of By-laws amendments;
k) Existence of property rights over the quotas of the limited liabilities companies (Sociedades de Responsabilidad Limitada);
l) Bankruptcy situation of the Companies, its partners, directors, representatives and members of the supervisory body;
m) Injunctions over the Company;
n) Injunctions over the quotas, amendments or releases.
2. Information of Civil Entities:
a) Full name of founders or contributing partners
b) Date of incorporation;
c) Registered office;
d) Initial Equity;
e) Composition of the registered Board;
f) Composition of the registered supervisory body;
g) Date of fiscal year´s end;
h) Information of the authorization resolution to carry out activities as a legal entity;
i) Validity;
j) Date of By-laws amendments;
k) Injunctions over the Company;
Finally, other information requests will be processed if listed in Resolution No. 2794/2012 from the Ministry of Justice. Otherwise, the IGJ will analyze if the application of information evidence a sufficient interest from the applicant to proceed with the request.
In case the IGJ considers that there is a conflict of interests, it will answer to the application requesting further clarifications to the applicant, or, reasonably reject the application. The answer must be issued within ten (10) working days renewable for other ten (10) working days.
General Resolution No. 1/2015 will be effective since the day after its publication with the Official Gazette.
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