Notification of notice meeting

The recorder rejects the registration of agreements adopted at a general meeting convened by hand delivered to each member, with acknowledgment of receipt signed by each of them, because the bylaws provide that the call is made through ” certified letter with acknowledgment of receipt, whose remission can be made notarially, or notarial notification addressed to each of the partners ».

The DGRN confirms the negative rating, because, according to reiterated doctrine, there is a statutory provision on how to hold the meeting, this form must be strictly observed, without the possibility of valid and effective access to any other system, enjoy greater or lesser publicity, including the legal supplementary, so that the form that the statutes have established for the convocation must prevail and any person who does so must be observed, including therefore the judicial or registry summons; without the competence of the administrative body the modification of the statutorily provided system.

The partners have the right to know in what specific way they have to be called, and that is the only way they will expect to be and to which they will pay attention. In this sense, they may be interested in introducing into the statutes, based on the principle of autonomy of the will, clauses that establish call systems that not only reasonably ensure the reception of the announcement by the partner but also require certain requirements of Fehacience of the communication of the call and reception of the same by the partners. In case of notarial intervention, both by notarial deed of letter submission by certified mail with acknowledgment of receipt and by notification, said acts enjoy public faith and their content is presumed true and complete.