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Exp. 14606-21

Order283

Panama's Fourth Circuit Civil Court admits Lisa, S.A.'s summary action and orders Villamorey, S.A. to render a full corporate accounting within one month.

Issued on
Feb 25 2021
Issued by
4th Civil Court
Pages
1

Panama's Fourth Circuit Civil Court admitted the summary accounting action filed by Lisa, S.A. against Villamorey, S.A., pursuant to Articles 1379 and 1380 of the Judicial Code. The order granted Villamorey one month from notification to render a full accounting of its corporate management. This order opened , which would lead to successive contempt findings, fines, and asset attachments as Villamorey refused to comply.

Analysis

The court verified that Lisa, S.A. had submitted the documentation required to establish the existence and legal representation of the defendant corporation, including a Public Registry certification and an authenticated copy of Public Deed No. 3514 of February 28, 2000, which protocolized Villamorey, S.A.'s certificate of incorporation.

The court found that Lisa, as the owner of 33.33% of Villamorey's share capital, holds the right to demand that the corporation render an accounting of its management in accordance with its own corporate bylaws. The order granted Villamorey one month from notification to present the accounting, and recognized the law firm Grimas & Grimas as counsel for the plaintiff.

Villamorey did not comply within the prescribed period. More than a year later, on April 8, 2022, the same court issued , declaring Villamorey in contempt and imposing daily fines of $100.00 for its refusal to appear and render accounts.

Ruling

  • Admitted the summary accounting action filed by Lisa, S.A. against Villamorey, S.A.
  • Granted Villamorey, S.A. a period of one month to render the accounting, counted from notification of the order

Legal Basis

  • Articles 1379 and 1380 of the Judicial Code — govern the summary accounting procedure in Panamanian civil jurisdiction

Signatories

  • Mgter. Solange Le Ferrec de Booker, Fourth Circuit Civil Judge
  • Lcdo. Miguel Angel Quiroz, Judicial Secretary

Documents

8
DocumentDate
Feb 25 2021
Apr 8 2022
Aug 2 2022
Aug 9 2022
Sep 23 2022
Oct 25 2022
Feb 2 2023
Nov 13 2023