Auto 19.2.2020 - Enactment

  1. It is agreed that the JUDICIAL ADMINISTRATION OF THE ENTITY MÁLAGA CLUB DE FÚTBOL, SOCIEDAD ANÓNIMA DEPORTIVA AND NAS FOOTBALL, SOCIEDAD LIMITADA UNIPERSONAL, will be undertaken by Mr JOSÉ MARÍA MUÑOZ JIMÉNEZ as Judicial Administrator.
  2. Judicial Administration guidelines:

a) The Administration will continue for a period of six months, which will be automatically extended for equal periods of six months

b) The Administration will compromise the entire organisation of Sociedad Anónima Deportiva Málaga Club de Fútbol and Nas Football, SLU

c) The Administration shall be carried out with the powers of the Ordinary Administrators, with the limitations set forth in article 632 Lec

d) The Administrator will assume the commercial management of both entities, and is required to report to the Court on a quarterly basis on any incident related to the aforementioned management, as well as collaborate with the Court, on both judicial and ex officio requirements; for the purpose of informing this judicial body of all evidence to which he has access under the actions entrusted to him

e) The Administrator will have the right to access all facilities and premises of the companies or legal persons and obtain as much information as deemed necessary to carry out his role

f) From when the role of the Judicial Administrator takes effect, the removal of the entire Board of Directors will take place, including the accused President and non-Board Secretary, both in the Málaga Club de Fútbol Sociedad Anónima Deportiva Entity as well as the Nas Football SLU Entity, along with all figureheads and powers of attorney, unless otherwise deemed appropriate by the Judicial Administrator

g) The Administration may be changed or suspended at any time, following a report from the Fiscal Ministry

h) The appointment will be registered in the Mercantil Registry and, at the request of the Administrator, if necessary, also on other public registers and/or communicated to public or private entities. In any event, communication will be made to the Superior Council of Sports and Spanish Professional Football League and a press release issued through the Legal Office of the Superior Court of Justice of Andalucía to be forwarded to the information agencies

i) The Judicial Administrator must take possession of the notification of the present resolution the following day, and proceed within three months to issue a report on the economic and accounting situation of the managed entities, paying special attention to:

 

   The Judicial Administrator, who is authorised to act, assisted by certain specialists (auditor, accountant, economist…) who he deems appropriate and whom he trusts, members of staff who are already included in the present designation of Judicial Administrator, must undertake an assessment and evaluation – including the management undertaken by the ceased Administration – of the annual accounts filed by the previous Administrators (members of the Board of Directors), undertaking a report on the current status of the accounts of both entities, as well as an inventory and valuation of the corporate assets which must, in any case, include detailed information on overdue, liquid and payable debts, both in favour of the Sociedad Anónima Deportiva and Nas Football SLU (with special mention of working liabilities and public Administrations), treasury forecasts, credit recovery and solutions proposed for the payment and collection of pending payments, as well as for the immediate future.

   In addition, a report on the solvency and viability of the Sociedad Anónima Deportiva must be filed by the Judicial Administrator.

   The Judge should be kept informed of all decisions made or intended to be made in reference to the continuity and viability of the company, as well as the employment status of the companies and the judicial proceedings of which they are part, also informing of the decisions that are adopted or that are intended to be adopted on the filing of legal claims.

   The Judicial Administrator must develop and implement an effective criminal prevention program (ex Article 31 bis 5 Cp) to prevent and avoid future conduct similar to that which is being currently investigated, leading to the dictation of the present precautionary measure.

 

  1. The Judicial Administration´s fee will be assumed by the managed entities, in solidarity, with the amount set at 15.000 euros plus IVA, which will include additional expenses that may be generated by the Administrator, which will be reported to the Judge in the manner provided for the provision of accounts previously given.
  2. It is not considered necessary to establish a guarantee of security on behalf of the Administrator to guarantee the damages that could arise from his precautionary action, as the civil liability insurance contracted will be sufficient.
  3. Form separate piece of Judicial Administration