THE COMPANY CATCHES UP WITH ITS NAME

Apolozan case · ERDF fraud (Bilbao / Alicante / EU)

THE COMPANY CATCHES UP WITH ITS NAME

For four months, the multimillion-euro application was in nobody's name. In September 2012, at last, someone manufactured the applicant.

On 14 September, before a notary, the board of Iriarte Grupo Lanzarote S.A. resolved to change its name: henceforth it would be called International Technology Corp Soft S.A. — letter for letter, the name that appeared in the application filed in May. The deed was filed at the Commercial Registry of Bizkaia on the 24th at 13:32, entry 1155 of journal 345, and was registered on the 25th (DOC-0179).

There is a detail within that deed worth an entire file: it has inserted in it the negative certification of company names from the Central Commercial Registry — the official certificate that this name belonged to no Spanish company. It is the registry system itself placing on record that International Technology Corp Soft, before September, was no one. And the application was from May.

In the same movement the registered office was fixed and Apolozan's appointment at the head of the board of directors was formalised. The human piece and the registry piece were at last aligned with the paper filed months earlier. The operation now had a company, had a name and had someone responsible. It only lacked what it never had: legality of origin.

The key factName-change deed, 14-9-2012 (Bilbao notary, protocol 1020); registry filing, 24-9-2012 at 13:32; registration, 25-9-2012 (DOC-0179). The application using that name was from 15-5-2012.
The uncomfortable questionWhen the applicant's name is born four months after the application, what exactly did whoever processed the file examine during those four months?
The ruleThe content of the Registry is presumed accurate and valid, and its dates are authoritative against all (art. 20 of the Commercial Code); the negative certification of company name officially attests to the prior non-existence of the corporate name.
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EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.