A manager’s liability to the Spanish Treasury after resgination

Frequently, the issue arises of determining who is responsible to the Spanish Treasury when the manager of a company resigns.

Under Spanish legislation, when a manager reaches the end of his or her time in office or resigns, he or she continues to have the obligations he or she held as manager and remains liable to the Treasury.

The manager will only be relieved of his or her liability to the Treasury when:

  • A new manager is appointed in a General Meeting
  • The company is dissolved after a board meeting. If this is not possible, the manager shall request the dissolution judicially (link)

Consequently, for a manager to cease being liable to the Treasury, he or she must comply with several requirements: first, his or her time in office must end or he or she must resign, and second, a general meeting must be held in which a new manager is appointed.

Last but not least, the company manager must take into account this administrative criterion and inform themselves appropriately of their obligations and liabilities.

This article is not considered as legal advice

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