Administrator change
Changing the administrator is one of the most frequent changes registered with the Trade Registry (ONRC). The procedure is necessary where the administrator is revoked, resigns, their mandate expires or a new administrator is appointed, as well as in any other situation involving a change in the legal representation of the company.
The procedure for changing the administrator involves preparing the necessary documentation and registering the change with the Trade Registry (ONRC). Depending on the company's situation, this may include drafting the resolution of the associates or the decision of the sole associate, updating the articles of association, if necessary, and preparing the other documents provided for by law.
Before submitting the application file, the manner of management established by the articles of association, the duration of the mandate, the powers of representation and any other aspects that may influence the registration of the change must be analysed. The documentation must be adapted to the particular features of each company in order to avoid delays or requests to supplement the file from the Trade Registry.
Although the procedure is an administrative one, changing the administrator produces important legal effects on the representation of the company in its relationships with public institutions, banks, contractual partners and third parties.
A change of administrator carried out correctly ensures that the company's legal representation is updated, maintains consistency of the data recorded with the Trade Registry (ONRC) and allows the activity to be carried out without the risks generated by outdated official information.
Frequently asked questions
How long does it take to change the administrator?
Where all the necessary information and documents are provided, the documentation can be prepared in the shortest possible time, so that the registration formalities are completed without delay. After the application is filed, the time taken to process it depends on the Trade Registry (ONRC) and may vary according to the institution's workload, the particular features of each application and any requests to supplement the documentation.
In what situations can a company's administrator be changed?
A company's administrator may be changed as a result of revocation, resignation, the expiry of the mandate or by appointing a new administrator, in compliance with the provisions of the articles of association and the applicable legal provisions.
Is it mandatory to register the change of administrator with the Trade Registry (ONRC)?
Yes. A change of administrator takes effect against third parties only after the publicity formalities provided for by law have been completed and the change has been registered with the Trade Registry (ONRC). For this reason, the change of administrator must be registered in accordance with the applicable legal procedure.
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