The Directorate General of Legal Security and Public Faith (“DGSJFP”) has established the means by which the notarial notification of the appointment of a certifying officer to the previous holder of the office should be made, when that person resides in another Member State of the European Union (in compliance with Article 111 of the Commercial Register Regulation).
The Resolution of March 19, 2024, by the DGSJFP dismissed an appeal against the negative qualification of the Mercantile Registrar who rejected the registration of the appointment of a new director due to the lack of notification of the dismissal to the previous director. Only a failed certified mail notification to the previous director’s address, as listed in the Commercial Register, was documented, and the address was in France.
The Directorate establishes that, in application of Regulation (EU) 2020/1784, the notification (in this case, notarial) must have been made through the Justice Administration Lawyer of the judicial body corresponding to the notary’s office location.
It argues that this is the case because Spain has designated the Justice Administration Lawyers as the sole competent authority for the transmission and receipt of notifications and the transfer of extrajudicial documents before the European Commission.
