Page 93 - Deeds of incorporation of International Technology Corp Soft S.A

This annex reproduces documentation filed by the Administration itself in its aid file. It contains no testimony or party assessments: it contains a public deed and an official application, with their dates. Everything that follows can be checked by reading both.

What it contains

• The deeds of incorporation of International Technology Corp. Soft S.A., which fix its birth on 14 September 2012, by a change of name from Iriarte Grupo Lanzarote S.A. (A.2, A.3).
• The GAUZATU programme application, dated in Lezama on 15 May 2012 and signed by Fernando Carcedo and Cándido Iriarte, which designates Claudiu Constantin Apolozan as administrator of that company.
• A verifiable negative fact: in the file there is no signature, power of attorney or mandate from Apolozan. The SPRI itself required that power of representation on 11 June 2012 (A.4); the requirement does not appear to have been met.

The sequence, in dates

→ 15-5-2012 — the funding application is filed in the company's name, with Apolozan designated administrator → 6-9-2012 — Iriarte Grupo Lanzarote causes its first effective registration; the previous entry was suspended (A.3) → 14-9-2012 — the company in whose name the application had been filed is incorporated, by change of name The application precedes by four months the registry existence of the applicant company. The designation of administrator precedes, by the same measure, the existence of the office.

In Lezama, on Tuesday, 15 May 2012 — so dates the application. The company was not incorporated until 14 September 2012 — so answer the deeds in the same file.
— Pages 93 and following, administrative file of the Basque Government

Its path through the proceedings

These deeds were in the file handled by Investigating Court No. 8 and by the Bilbao Prosecutor's Office (A.11). Judgment 21/2019 of the Provincial Court of Bizkaia (A.26) declares proven the administration and management of the company by Apolozan from May 2012. The judgment does not mention these deeds nor give reasons for discarding them. The later resolutions — cassation (A.29), constitutional appeal (A.31), review (A.38) — do not examine them either.

Is there an ordinary explanation?

It is worth raising one. A designation of administrator prior to registration is not, in itself, anomalous: Spanish law recognises the company in formation. What that figure does not explain is the whole that this file documents: the person designated did not sign the application, did not grant the power of attorney the Administration expressly required (A.4) and there is no record of his intervention in any procedure; the parent company had its registration suspended (A.3); and the aid was processed without representation ever being proven. The company in formation presupposes the will of its shareholders — and the will of the designated person is exactly what appears on no page.

What depends on this page

The 2013 non-compliance order (A.6), the 2014 criminal complaint (A.8), the 2019 conviction (A.26) and the subsequent enforcement against assets (A.41) all presuppose the management declared proven from May 2012. This page is the document against which that premise must be checked.

How to verify it

Open the annex document. Locate in the deeds the date of incorporation. Compare it with the date of the application that accompanies them. The check requires the two facts and a calendar; no body has reflected it in any resolution in ten years of proceedings.

Contrast with the original file

The original pages 91 and 93 are within the GAUZATU administrative file, part 1 (DOC-0136), in Bilbao Original; the criminal complaint that ignored these dates, as it entered the court, in DOC-0172.