{"id":5727,"date":"2026-03-03T12:22:08","date_gmt":"2026-03-03T11:22:08","guid":{"rendered":"https:\/\/www.eadtrust.eu\/?p=5727"},"modified":"2026-05-18T09:39:59","modified_gmt":"2026-05-18T07:39:59","slug":"legal-assurance-corporate-records-company-documentation","status":"publish","type":"post","link":"https:\/\/www.eadtrust.eu\/en\/blog\/legal-assurance-corporate-records-company-documentation\/","title":{"rendered":"Legal assurance of corporate records and company documentation through qualified trust services"},"content":{"rendered":"\n

In the current context of corporate digitalization, the legal validity of corporate resolutions<\/strong> no longer relies exclusively on physical minute books.<\/p>\n\n\n\n

The effectiveness of resolutions adopted at the General Shareholders\u2019 Meeting<\/strong> or Partners\u2019 Meeting is significantly conditioned by the proper availability of the mandatory documentation through the corporate website<\/strong> and by the company\u2019s ability to demonstrate, with full evidentiary effect, compliance with such obligation.<\/p>\n\n\n\n

Royal Legislative Decree 1\/2010, of 2 July, approving the revised text of the Spanish Companies Act (hereinafter, the \u201cLSC\u201d)<\/strong>, authorizes and promotes the use of the corporate website for the publication of notices<\/a> and relevant documentation.<\/p>\n\n\n\n

However, such authorization is accompanied by a stringent evidentiary requirement which, if not properly fulfilled, may compromise the validity of the corporate resolutions adopted.<\/p>\n\n\n\n

This article analyzes the applicable regulatory framework, outlines the risks associated with internal document management, and describes how the reliable verification services <\/a>provided by EADTrust, in its capacity as a Qualified Trust Service Provider,<\/em> offer a technically and legally robust response to these requirements.<\/p>\n\n\n\n

The legal framework governing the corporate website and the burden of proof<\/h2>\n\n\n\n

The corporate website as an instrument of corporate disclosure (Articles 11 bis and 11 ter of the LSC)<\/h3>\n\n\n\n

Article 11 bis of the LSC regulates the creation and maintenance of the corporate website, establishing that companies may have a corporate website for publishing the information required by law.<\/p>\n\n\n\n

In turn, Article 11 ter of the LSC<\/strong>, introduced by Law 1\/2012 of 22 June on the simplification of information and documentation obligations in mergers and spin-offs of capital companies, and supplemented by Law 31\/2014 of 3 December amending the LSC to improve corporate governance, establishes the evidentiary regime applicable to publications made on such website, expressly providing that:<\/p>\n\n\n\n

\n

\u00abLa carga de la prueba del hecho de la inserci\u00f3n de documentos en la p\u00e1gina web y de la fecha en que esa inserci\u00f3n haya tenido lugar corresponder\u00e1 a la sociedad.\u00bb <\/p>\n<\/blockquote>\n\n\n\n

This express allocation of the burden of proof to the company constitutes a determining element of legal risk.<\/p>\n\n\n\n

Pursuant to the same Article 11 ter of the LSC<\/em>, if the corporate website suffers an interruption lasting more than two consecutive days or four non-consecutive days during the period in which the documentation must remain available, the General Shareholders\u2019 Meeting may not be validly held, unless the interruption is attributable to the shareholder seeking to exercise their rights.<\/p>\n\n\n\n

Specific obligations regarding publication on the corporate website<\/h3>\n\n\n\n

The LSC requires the publication on the corporate website of a broad range of corporate documents, non-compliance with which may result in the nullity of corporate resolutions<\/strong> or give rise to directors\u2019 liability. The most relevant obligations are as follows:<\/p>\n\n\n\n