Notificaciones a sociedades sin domicilio legal en Argentina
Author | Gustavo P. Giay |
Published date | 18 November 2015 |
Date | 18 November 2015 |
Law Firm | Marval O'Farrell Mairal |
Recientemente, la Sala II de la Cámara Nacional de Apelaciones en lo Civil y Comercial Federal (la “Cámara”) hizo lugar al recurso de apelación interpuesto por la actora (“L.E.R. c/ Facebook Inc y otros s/ Incumplimiento de contrato”, Expte. 4913/2013).
En el presente caso, la Cámara se apartó de lo dispuesto por el artículo 122 de la Ley General de Sociedades N° 19.550 (la “Ley General de Sociedades”), permitiendo correr traslado de la demanda a las sociedades extranjeras –que no poseen un domicilio en Argentina- en un domicilio comercial de su subsidiaria local Facebook Argentina S.R.L., el cual, a su vez, es distinto del de su sede social.
Para ello, la Cámara interpretó que la norma contenida en el artículo 11, inciso 2, de la Ley General de Sociedades no excluye la validez de las comunicaciones remitidas a domicilios distintos de las sedes sociales inscriptas ante la autoridad de control. La finalidad del régimen aplicable a las sociedades constituidas en el exterior, en tanto...
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