Quevedo & Ponce - Noticias Legales
Has your company remedied the grounds for dissolution?
You may request its exclusion from the massive resolution and to continue operating legally.
- June 17th, 2025
- Quevedo & Ponce
In Ecuador, a company may be dissolved for several reasons as established under the Companies Act, including:
- Dissolution by operation of law;
- By decision of the partners or shareholders;
- By decision of the Superintendence of Companies, Securities and Insurance; and
- By a final court ruling.
Among different ways of dissolution, it results specially relevant for its legal effects the dissolution by operating of law and dissolution provided by the Superintendence since they determine if the company may request its exclusion of the corresponding resolution or if it should compulsorily to initiate the reactivation procedure.
Dissolution by operation of law occurs automatically upon the occurrence of certain statutory grounds, such as expiration of the company’s term (without a duly registered extension), a final bankruptcy order, or failure to comply with the minimum capital requirements. In such cases, even if the grounds have been remedied, the company must necessarily pursue the reactivation process to restore its legal status.
Conversely, where the dissolution was ordered by resolution of the Superintendence of Companies, Securities and Insurance, it is possible to request exclusion from such resolution if two conditions are complied:
- The company has remedied the grounds for dissolution, and
- The resolution has not been registered with the Mercantile Registry.
In such cases, the competent administrative unit of the Superintendence will electronically request confirmation from the Mercantile Registrar of the company’s principal domicile regarding the absence of such registration. For simplified stock companies (SAS), this verification is conducted directly in the institutional database.
If all requirements are satisfied and no objections are raised, a resolution of exclusion will be issued, enabling the company to maintain its legal status without having to file the reactivation process.
At Quevedo & Ponce, we provide comprehensive legal counsel in corporate reactivation and exclusion from dissolution resolutions, ensuring an effective and strategic approach to restoring your company’s legal standing. Contact us for specialized and timely legal assistance.
Más Artículos
Protect Your Business and Avoid Sanctions! New Legal Obligation in Contracts: Personal Data Protection Clauses
Since April 30, 2025, in Ecuador the inclusion of specific personal data protection clauses is mandatory in all contracts involving the processing of personal data pursuant to Resolution No. SPDP-SPD-2025-0006-R. This new legal requirement applies to both public and private entities and non-compliance may result in severe sanctions.
The Frisby Case: A Key Lesson in International Trademark Protection
Frisby, one of Colombia’s most popular fast-food chains, is currently facing a complex legal dispute in Europe that has garnered the attention of businesses, media, and the general public.
Extinction and Remission of Obligations before the Municipality of Quito: Scope of Metropolitan Ordinance No. 096-2025
Metropolitan Ordinance No. 096-2025 establishes a special regime in Quito for the extinction of tax and non-tax debts not exceeding one unified basic salary, and for the full remission of interest, fines, and surcharges on overdue obligations, provided certain requirements are met and payment of the capital is made by June 30, 2025. This measure aims to facilitate the economic regularization of taxpayers and local entities.
The Constitutional Court guarantees the right to maternity leave even in the event of the newborn’s death
The Constitutional Court, through Judgment 878-20-JP, determined that the rights of a judge on maternity leave were violated when her leave was suspended following the death of her child.
Patent Developments: Legal Innovation for a Sustainable Future
Intellectual property is a fundamental pillar for the development of innovation and sustainable economic growth. At the core of this discipline are patents, an essential mechanism for protecting inventions and encouraging investment in research and development. However, the current technological and global environment presents new challenges and opportunities worth analyzing.
