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LEGISLATIVE DECREE (DL) No. 1536

Amendment to the regulation on the extinction of companies due to prolonged inactivity and additional provisions on document retention

 

  • The referenced regulation adds item 3 to Article 4 of Legislative Decree No. 1427 on the extinction of companies due to prolonged inactivity, defining the person responsible for the custody of books, records, and other documentation as the individual who appears as General Manager, or the administrator acting in that role with the same powers, with a registered mandate that is in force as of the date the preventive annotation is entered. If, on that date, there is no General Manager or administrator with a registered mandate in force, then the last person registered will be considered responsible.
  • Likewise, it adds the Sixth Complementary Provision to the aforementioned Decree, stating that the custody of the books, records, and other documentation of the company being extinguished must be maintained for a period of five (5) years, unless the provisions of items 7 and 8 of Article 87 of the Consolidated Text (TUO) of the Tax Code, approved by Supreme Decree No. 133-2013-EF, apply—meaning as long as the tax obligation has not become time-barred (i.e., the statute of limitations has not expired), in which case the longer period must be applied.

To view the full regulation, click the following link: https://bit.ly/3qxGpKH

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