Order: Rejects Lisa’s preliminary exceptions in dividend prescription case

On March 18, 2025, the Sixth Multi-Member Civil Court of Guatemala issued a ruling in case No. 01049-2020-00099, denying all preliminary exceptions filed by Lisa, S.A. in response to a dividend-prescription lawsuit initiated by Avícola Las Margaritas, S.A. Lisa had argued that the Guatemalan court lacked jurisdiction because it is a Panamanian company, that the lawsuit was defective for failing to specify the amounts and conditions of dividend payments, and that the claim was premature since the dividend rights were still subject to board resolutions and ongoing litigation over Lisa’s exclusion as shareholder.

The court rejected each of Lisa’s objections. It held that Guatemalan courts are competent under Article 34 of the Judicial Branch Law, since the case relates to corporate acts within Guatemala and Avícola Las Margaritas’ bylaws submit shareholders to local jurisdiction. It found the lawsuit sufficiently clear and reasoned that Lisa’s substantive defenses must be raised in its formal answer, not as preliminary exceptions.