Claims Over Dividend Prescription by Inversiones Empresariales
Inversiones Empresariales, S.A.(San Juan, S.A.)
C. 01044-2019-01226
Summary
This is an ordinary civil lawsuit filed by Inversiones Empresariales, S.A. against Lisa, S.A., seeking a declaration of extinctive prescription of dividends. Lisa challenged the admission of the claim in the ordinary process, arguing that the dispute must be heard in a commercial summary process under the Commercial Code and the company’s charter.
Decisions
Motion for revocation filed by Lisa against the October 11, 2019 decree admitting the extinctive prescription lawsuit in the ordinary route.
The Court granted the motion for revocation, declared the claim inadmissible in the ordinary process, and held that the proper route is the commercial summary process under Article 1039 of the Commercial Code and the corporate charter.
The admission of the lawsuit in the ordinary process was revoked and the claim rejected.
Conclusion
Lisa, S.A. prevailed. The Civil Court granted Lisa’s motion for revocation, annulled the admission of the lawsuit in the ordinary process, and rejected the claim. The Court held that disputes over dividends between shareholders and the company must be resolved in a commercial summary process, as mandated by the Commercial Code and the company’s charter. This ruling confirms that Industria Avícola companies cannot use ordinary civil suits to attempt to extinguish Lisa’s dividend rights.