Order: Court rejected exclusion claim by Administradora

On August 4, 2023, the Eleventh Civil Court of First Instance of Guatemala rejected an ordinary lawsuit filed by Administradora de Restaurantes, S.A., the successor of Compañía Importadora La Perla, S.A., seeking to extinguish Lisa, S.A.'s right to receive dividends. The court ruled in favor of Lisa, accepting the objection that the lawsuit was legally defective due to the lack of essential documents and clarity. It found that the claimant failed to submit the full assembly records supporting its claim and failed to specify whether arbitration—required by the company’s founding charter—had been bypassed.

While the court dismissed several preliminary objections raised by Lisa, including lack of jurisdiction and lack of standing, it upheld the key procedural challenge. The ruling emphasized that without the full original documents from the 2013 shareholders' meeting, the plaintiff could not support its claim that Lisa’s rights had expired. The court dismissed the lawsuit in full and ordered the claimant to pay court costs.