Appeal: Defense Argument Against Dividend Payment Prescription Appeal


Overview
This legal filing presents Lisa, S.A.’s formal argument during the appeal hearing set for July 1, 2025. The appeal, initiated by Industria Avícola del Sur, S.A., aims to invoke prescription to release itself from the obligation to pay dividends declared between 2004 and 2011. The defense contends that the obligation to pay was never fully executed, as the company's administrative body failed to define the date and method of payment—conditions required for a valid and enforceable obligation under Guatemalan commercial law.
Furthermore, the document details how multiple precautionary embargoes—initiated by the appellant itself and affiliated entities—have legally suspended the running of any prescriptive term. Lisa, S.A. emphasizes that it has never abandoned its rights and that these embargoes, still in effect, make it impossible for the dividends to be considered accessible or demandable. The filing concludes with a request to declare the appeal unfounded and uphold the previous judgment in favor of Lisa, S.A.