The businessman Miguel Ángel Ramírez liquidates the Ralons Group without any personal responsibility

The businessman Miguel Ángel Ramírez liquidates the Ralons Group without any personal responsibility


The Mercantile Court number 2 of Las Palmas de Gran Canaria has issued on April 10 of this year -and it is already final- sentence in the bankruptcy of the Ralons Group, which will be liquidated without any type of responsibility being attributable staff by Miguel Ángel Ramírez in the situation that led to the dissolution of the companies.

The agreement makes it clear that the businessman did not play any role in the administration of the business group. The sentence approves in all its terms the bankruptcy administration agreement, to which the Prosecutor’s Office has also adhered.

The judicial resolution qualifies the bankruptcy as “guilty without fraud” for the late submission of the application. For this fact, the sentence condemns the sole administrator of the Ralons Group, Jorge Hernández, to two years of disqualification from managing the assets of others, among other pronouncements.

In this sense, the liquidation agreement indicates that there was a “breach of the duty to request the declaration of bankruptcy”, although it indicates that this situation cannot be attributed to an express will of the manager of the business group. Thus, it is noted that given the situation of non-payment of tax and Social Security obligations, on September 16, 2019, the sole administrator “gave the appropriate instructions for the presentation of the start of negotiations with creditors”. However, “through no fault of Jorge Hernández”, the bankruptcy application “was finally submitted on March 4, 2020.”

The document also makes it clear that Miguel Ángel Ramírez was never the de facto administrator of the Ralons Group, citing the sole administrator of the group, Jorge Hernández, as the only person affected by the classification as guilty of the bankruptcy.

In this sense, it should be remembered that the bankruptcy law requires both “the determination of the persons affected by the qualification, as well as, where appropriate, that of those declared accomplices”, a circumstance that does not apply in this case, as can be deduced of the judgment of the Mercantile Court number 2 of Las Palmas de Gran Canaria.

“For this reason, the persons who could be affected by the qualification are designated as the one indicated below, in their capacity as sole administrator of the Ralons Group during the two years prior to the declaration of bankruptcy”, a period -between the 29th of April 2018 and April 29, 2020– in which this position was held solely by Jorge Hernández, indicates the document.

However, the document recalls that prior to that period, between November 11, 2011 and December 22, 2017, the position of sole administrator was held by Héctor de Armas, who, although he cannot be affected by the classification as guilty of the bankruptcy by having ceased prior to the two years provided, “there may be facts of his responsibility that may be generators of the insolvency that occurred years later”, framed within the presumptions provided for in article 443 of the bankruptcy law.

This forecast leaves open the claim route of Miguel Ángel Ramírez as owner of the Ralons Group against Héctor de Armas for unfair administration of the companies when he was in charge of them. During the procedure, it has been proven that Miguel Ángel Ramírez has made constant monetary contributions, in order to save the companies of the Ralons Group, although these ultimately proved unfeasible.

Neither the General Treasury of the Social Security nor the Tax Agency, nor any creditor, has presented any claim against this liquidation, to which the Prosecutor’s Office has expressly adhered by means of a letter addressed to the Court prior to the sentence.



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