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 by Reproductores Avícolas, S.A. that sought to revoke a March 20 order admitting BDT Investments Inc. as a co-party in a lawsuit involving the expiration of unclaimed dividends. Reproductores argued that BDT lacked a direct legal interest, did not acquire all of Lisa, S.A.’s rights, and failed to pay taxes on the multi-million dollar assignment of rights contained in the transaction agreement.

The court found that BDT's co-party status was procedurally valid and that any questions regarding its legal interest or tax compliance should be addressed in the final judgment. It also emphasized that BDT’s admission as a co-party did not imply substitution of Lisa, S.A. as defendant. Accordingly, the motion for revocation was declared inadmissible, and the original resolution remained in force.