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Overview
On October 24, 2025, the Third Chamber of the Court of Appeals for Civil and Commercial Matters in Guatemala ruled on Appeal 156-2024 filed by Administradora de Restaurantes, S.A. against the October 5, 2022 judgment that had rejected its claim of extinctive prescription against Lisa, S.A. Administradora de Restaurantes sought to declare prescribed the obligation to pay dividends decreed between 2001 and 2011, but the court confirmed that a shareholder’s right to receive dividends is inherent to the share and not subject to the Civil Code’s five-year limitation period.
The Chamber upheld the lower court’s ruling, dismissed the appeal, and ordered Administradora de Restaurantes to pay appellate costs. The decision establishes that a company cannot invoke prescription to retain dividends already decreed to a shareholder, reaffirming Lisa, S.A.’s right to recover pending distributions and exposing the opposing party’s unjustified attempt to evade its corporate obligations.
