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Center Companies

We live in times of deep economic crisis and increasingly more thicken companies lists of defaulters not to cope with their debts. But also, the situation of some creditors is very difficult because not charging in time for its services, its future is compromised, not to mention small entrepreneurs whose duties against vendors or even your own staff can see very limitted. To avoid possible claims for unpaid debts, delinquent companies all kinds of picaresque, as for example changing your address unless you report this to the creditors or record public in the commercial register, so it is very difficult to correctly filing with the Court of the judicial district of the respondent. How to proceed against this type of proceedings? To determine the relevant address of the company, could be used the home address of your administrators in order to file the complaints before the appropriate court without violating the precepts of data protection rules? These they are some of the questions that become desperate creditors trying to recover their money. With respect to the use of personal data the organic law 15/1999, of 13 December, of protection of data of Personal character (LOPD) indicates in its article 4.2 that the processed personal data may not be used for purposes incompatible with those for which the data had been gathered. In determining the purpose that may treat data administrators and in your case use them in order to file complaints against the companies they manage, we have to find out who say other legal norms in this regard. And so the Ley de Sociedades de Responsabilidad Limitada in its article 7 provides that the limited liability company shall fix his home within the Spanish territory in the place in which its effective management and direction Center is located, or to file his main establishment or exploitation and that in the event of discrepancy between the address recorded in the Registration and which would be in accordance with the preceding paragraph, third parties may be considered as domicile of any of them. According to this article, if the company did not have any known address and it was managed by a single administrator could interpret its effective administration Center is the home address, unless proven otherwise.

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