Commercial Court of Appeals confirms that an error in the declaration of a corporate domicile is a fineable offence.
Through Resolution No. 10865/2015, the Public Registry of Commerce of the City of Buenos Aires ("Inspección General de Justicia" or "IGJ") applied a fine of AR$ 3,000 to Belgaum S.A., and required the company to amend within a 15-day term the registration of their corporate domicile with the IGJ, under penalty of applying greater sanctions.
The fine was applied as a consequence of an error made in the affidavit filed by the company with the IGJ in compliance of General Resolution 1/2010, in which the domicile declared (Av. Monroe 5163, 3rd Floor, City of Buenos Aires) was different from the domicile that the company had declared in their previous registration (Av. Monroe 5163, 4th Floor, City of Buenos Aires).
In a decision dated November 10, 2016 in re: "Inspección General de Justicia c/ Belgaum S.A. s/ Organismos Externos" Tribunal F of the Commercial Court of Appeals confirmed the fine applied but modified its amount.
Grounds of the defense
Belgaum S.A. grounded its defense primarily on the fact that the company had not intended to provide false information to the IGJ, and that such mistake was a typo of the floor of the corporate address.
In addition, the company pointed out that at the time of the filing of the affidavit with the IGJ a member of the company had passed away and new members were appointed, and in such circumstances a new affidavit was filed in which this error was made.
The company highlighted that it had never filed false information, that it had not requested the IGJ for a change of its domicile, and therefore it requested the Court to reverse the IGJ fine.
Grounds of the Court
The Court considered...