Order: Denies Reproductores’ motion against BDT’s admission

Issued on:April 19, 2024
Issued by:Twelfth Civil Court
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Overview

On April 19, 2024, the Twelfth Civil Court of First Instance in Guatemala denied a motion filed by Reproductores Avícolas, S.A. seeking to revoke the court’s March 20 order admitting BDT Investments Inc. as a co-party in a case regarding the expiration of unclaimed dividends. Reproductores argued that BDT lacked a direct legal interest in the case, had not acquired all rights from Lisa, S.A., and failed to comply with tax obligations associated with a multimillion-dollar assignment of rights.

The court ruled that BDT's admission as a co-party was procedurally valid and that questions about its legal interest, the substance of the transaction, and related tax implications would be resolved in the final judgment, not at this stage. The judge reaffirmed that co-party status does not imply substitution of Lisa, S.A. and therefore dismissed the revocation request as unfounded.