Registration of Iriarte Grupo Lanzarote at the Commercial Registry

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

Registration of Iriarte Grupo Lanzarote at the Commercial Registry

Public registers have a procedural virtue: they do not declare, they record. This annex reproduces the registry documentation of Iriarte Grupo Lanzarote S.A. issued by the Commercial Registry of Bizkaia.

The entries, in dates

12-6-2012 — filing entry 343/1630: the documentation enters the Registry → (no inscription date) — the entry is suspended for defects6-9-2012 — first effective inscription of the company at the Commercial Registry of Bizkaia

Document: 4/2012/13.420,0 — Entry: 343/1630 dated: 12/06/2012
— Commercial Registry of Bizkaia, annex documentation

What the suspension means

To file is not to register. A suspended entry leaves the company without the registry publicity that makes its acts and offices enforceable against third parties. Throughout the whole period in which the GAUZATU application was advancing in the Basque Government — filed on 15 May (A.1), with a sale on 16 May (A.2) and a remedy requirement in June (A.4) — the company in whose name the funds were being requested lacked effective inscription.

The fact against the procedural assertion

The Bilbao Prosecutor's Office asserted that the accused effectively managed the company from 16 May 2012 (A.11). Page 91 of the Basque Government's administrative file — incorporated into this annex — documents that until 6 September 2012 the company was neither registered nor operational. Both propositions are in writing; the reader may compare them.

How to verify it

Locate in the document entry 343/1630 and its date; locate the date of the effective inscription. The distance between June and September — and the word "suspended" — are on the Registry's own paper.

Contrast with the original file

Page 91 documenting the registry situation is in the original GAUZATU file, part 1 (DOC-0136), in Bilbao Original — the same archive of the Administration that granted the funds.

The factThe filing entry is dated 12 June 2012 and was suspended; the effective inscription is dated 6 September 2012 — in the midst of processing the aid applied for in the company's name.
The questionHow is a company effectively managed, from May, when the Commercial Registry keeps it without inscription until September?

Documentary evidence · A.3 · 12 June 2012 · Documentary and registry basis
EuroFraud case file · every statement links to its document (A.X / DOC-XXXX). Evidentiary material; every person named is presumed innocent.