Afinsa Convention Commission (CEC), after studying the order given by Judge Vaquer, wishes:
First: the fact that the convention voted on has not reached the necessary majority for adoption and application . The inevitable result is the situation of the company in liquidation. Second
: the liquidation of the assets of the company has been suspended by the bankruptcy judge pending clarification by the judge of the Audiencia Nacional, D. Santiago Pedraz, whether the measures that led to judicial intervention remain. Third
o: no provides objective information on the conditions under which it has done the counting of votes. What is clear is that the count was not entirely in judicial offices, which will be difficult to verify the integrity of the result.
Fourth: in the voting process caused severe abnormalities that could decisively influence the voting intentions of those affected. Briefly highlight include:
- No public information by the Insolvency Administration of the opening of the voting process and the characteristics of the options to vote.
- Minimum information to associated by the majority of client associations on the voting process and its consequences.
- Severe difficulties for the effective realization of the vote or by binding displacement as the high costs of delegate representation.
- explicit coercion of some lawyers' associations affected in the sense that if they voted the agreement would lose their legal representation and should immediately pay the costs and expenses of defense.
- False promises that the settlement would lead to the assumption of the liability of the state and with it the compensation. Fifth
: it was proposed to vote on a convention as a whole recognizes the commercial nature of the legal business by Afinsa. And this has been because the agreement was accepted for consideration by the natural judge of the contest (first in this procedure) without registering opposition parties to it. Sixth
: in contradiction to this, the company says can be insolvent and liquidated by a General Accounting Insolvency made by management, which include the activity as a financial business and instead of recording operations Buying and selling on credit record (not to mention the unacceptable rating of philately, made by sampling). Seventh
: law in force and all the official doctrine economic, financial or monetary provides commercial nature of the business and therefore the obligation to comply with record-keeping and commercial acts of buying and selling.
Eighth: It is important to remember that lack the ruling of the Judge of the Commercial Court No. 6 in relation to administrative appeal against the rejection of the adequacy of the agreement made by creditors (customers) in the month of February. Against that decision could bring an action in the Provincial Court. Ninth
: should remember that this bankruptcy proceeding was initiated following the interruption and therefore provisional injunction, the company's business Afinsa, for the duration of investigations into allegations made by the prosecution. That have passed more than 43 months of research has shown that the suspicions were unfounded and unjustified assumptions. Afinsa
operated in the market since October 1980, had hundreds of thousands of customers, thousands of employees and professional extended its operations to eight countries on three continents, its relationship with the various Government was intense and quality , his business was transparent and known to all who were associated with it, and, throughout this time, never missed a commitment or disappoint expectation. Your clients do not report, nor its employees, the Civil Service never punished or even admonished never to do likewise.
And in this situation was the intervention. Tenth
: this is the last statement of the Commission Afinsa Convention as such.
Best wishes. Afinsa
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