Upholds exception for lack of standing

On September 8, 2025, the Ninth Multipersonal Civil Court of First Instance in Guatemala resolved the incident raised by the defendant, Rossana Mishelle Ramírez Paredes, who had filed a prior exception of lack of personality (falta de personalidad) against the plaintiff, Avícola Las Margaritas, S.A. The defendant argued that the plaintiff had no active legal standing to seek the absolute nullity of a public instrument that was being used to justify the participation of BDT Investments Inc.—through its special judicial attorney—in various proceedings. The court reviewed the file and emphasized the rule from the Guatemalan Code of Civil and Commercial Procedure that no one may, in their own name, assert another person’s right unless they show a legally protected, specific interest.

On that basis, the court found that the entity actually affected by BDT Investments Inc.’s attempt to intervene or appear as coadjutant is LISA, S.A., because LISA, S.A. is the party that appears as defendant in the proceedings brought by Avícola Las Margaritas, S.A. Since LISA, S.A.—and not Avícola Las Margaritas, S.A.—is the principal entity that would have to oppose or challenge the public instrument, the court concluded that the plaintiff lacked the required procedural quality to file the nullity action. Accordingly, the court GRANTED (CON LUGAR) the prior exception for lack of personality raised by the defendant and ordered the plaintiff to pay costs. This outcome aligns with the view that only the directly affected company, LISA, S.A., may question the instrument being used to justify BDT Investments Inc.’s participation.