COVID. 19. Dissolution due to losses of the capital company
The regulation of Royal Decree Law 16/2020, of 28 April, on procedural and organisational measures to deal with COVID-19 in the area of the Administration of Justice, published in the BOE of 29 March 2020, includes a new stipulation regarding the legal cause for dissolution of the company due to losses.
Therefore, it provides that for the exclusive purpose of determining the existence of the cause for dissolution provided for in article 363.1 e) of RD 1/2010, losses for the year 2020 shall not be taken into consideration.
Therefore, if the result for 2021 shows losses that reduce the net assets to less than half of the share capital, the managers must call a meeting or any shareholder may request a meeting within two months of the end of the financial year in accordance with Article 365 of the RD to dissolve the company, unless the capital is increased or reduced sufficiently.