What happens if economic solvency is accredited with undesidered accounts still in the Mercantile Registry?
Come, let's take another turn and expand a little, which the subject takes for a while.
Look, the issue of economic and financial solvency ... It is not just a formality or an administrative whim. It is, in reality, the filter that separates companies that can really meet from those who go from lantern. Imagine that the State hires you to mount a bridge, and in the middle of the work it turns out that your company is stiff and cannot pay the cement. Well, that's what they want to avoid. That is why they insist so much to see your annual accounts and make sure they are deposited in the Mercantile Registry. It is not just for gossip, it is a guarantee.
Now, what happens if your accounts are not deposited? Well here the headaches begin. Most countries, and Spain is no exception, they are clear: if you have not done the procedure and your accounts are not well filed where you play, or bother to present yourself as a solvent. It's like trying to strain at a wedding without an invitation, but worse, because here they can crack you with sanctions or, directly, leave you out of the game before starting.
And be careful, it's not just a piece of paper to look good. The commercial registry fulfills a brutal transparency function. Any company, administration or even competition can go and look at your accounts. So if you have something weird, they can catch you easy. Here is not about "I will do it tomorrow", because the deadline to deposit the accounts is sacred. If you skip it, you expose yourself to fines, blockages and to the administration look at you bad for life.
A nuance that many people do not catch: depositing the accounts is not just to fill in a form and now. You have to have them approved by your partners, audited if it touches, and upload them on time. If not, registration or accepts them, and then you've tied it.
Then there is the issue of competition. If you are the right one of papers and another presents everything perfect, do you guess who are going to choose? And it's not just that: if there is a tie in the technical or economic score, they often look at the administrative part to unpack. So, if you don't carry your homework, or bother.
And, to finish off, the legal consequences. Do not deposit accounts can end up in fines, impossibility of registering corporate acts, and even the cause of company dissolution in extreme cases. So it is not just a risk to the tender, you can get into a fat mess with the Treasury and the registration.
So, seriously, if you plan to participate in a public tender, first make sure your accounts are in order, deposited and all beautiful. And if you have doubts, find a legal advisor who knows public contracts and commercial records. There are many nuances and, as you jump one, you can stay out for an absurd technicalism.
In summary: this is no nonsense. Or have the accounts deposited or look at you from the barrier. And no, it is not worth "we'll fix it later." Here he who does not run, flies ... and he who does not comply, or starts.