9 June 2014
Sánchez-Cervera Abogados represents the private prosecution for an offence of falsification of a commercial document committed by the President of a company to the detriment of one of its employees.
The accused, President of a limited company in the communications sector, held a meeting at which he appointed our client as a member of the Board of Directors of the company, without the client having accepted the position or ever having performed the duties of this position. In spite of this, the defendant notarised and succeeded in registering the appointment in the Mercantile Register, without the knowledge or consent of the person concerned.
As a result, the General Treasury of the Social Security opened a joint and several liability case against the complainant to hold him responsible for the debts owed by the company.
The ruling cites the agreement of the non-jurisdictional plenary session of the 2nd Chamber of the Supreme Court of 26 February 1999, in which it was agreed by a majority that the complete preparation of a mendacious document that misleads as to its authenticity and incorporates a whole sequence of simulated and untrue statements with legal significance, as a complete simulation of the document, must be considered as a falsehood under Article 390. 1. 1st, 2nd or 3rd paragraph.
The ruling cites the agreement of the non-jurisdictional plenary session of the 2nd Chamber of the Supreme Court of 26 February 1999, in which it was agreed by a majority that the complete preparation of a mendacious document that misleads as to its authenticity and incorporates a whole sequence of simulated and untrue statements with legal significance, as a complete simulation of the document, must be considered as a falsehood under Article 390. 1. 1st, 2nd or 3rd paragraph.
Furthermore, the nullity of our client’s appointment as a member of the company’s Board of Directors was declared null and void, ordering that this circumstance be brought to the attention of the Commercial Registry so that the corresponding registry entry be annulled, thus closing the door to future claims against our client for possible corporate debts.
To read the full Judgment click on the following link:
