Summary Proceeding

I. Admission of BDT Investments Inc. as Third-Party Intervenor

On March 20, 2024, the Twelfth Civil Court of First Instance issued its Order, admitting BDT Investments Inc. as a third-party intervenor (tercero coadyuvante) supporting Lisa, S.A. in the summary proceeding for extinctive prescription that Reproductores Avícolas, S.A. had filed to extinguish dividend rights, linked to the main proceeding under Exp. 01162-2017-00735. BDT's intervention was grounded in a Transaction Agreement between BDT and Lisa, through which Lisa assigned and transferred to BDT the rights and obligations arising from proceedings related to the Avícola Group. The court recognized the appearing attorney's capacity as special judicial agent with representation, accepted the evidence offered in BDT's filing, and directed BDT to take the proceeding in its current state. The admission strengthens Lisa's defensive position by incorporating into the proceeding the assignee of Lisa's rights, which holds a direct interest in the outcome of the dividend prescription litigation.

II. Denial of the Motion to Revoke BDT's Admission

Reproductores Avícolas, S.A. challenged the admission through a motion for revocation, arguing that BDT lacked a certain and own interest in the matter, that the Transaction Agreement did not encompass this proceeding, that the assignment of rights for $19,184,680.00 should have triggered Value Added Tax payment, and that deficiencies existed in the notarial protocolization. On April 19, 2024, the court issued its Order denying the motion. It confirmed the motion was timely filed and determined that the challenged order had admitted BDT only as a third-party intervenor, without substituting Lisa. Resting on Article 551 of the Code of Civil and Commercial Procedure, which provides that third-party interventions in non-execution proceedings are resolved together with the principal matter in the final judgment, the court deferred to the judgment on the merits the determination of whether BDT holds a certain and own interest, and deemed the objections regarding tax compliance and protocolization premature.

"Aunque la recurrente hace señalamientos respecto del impago de impuestos, es claro que será hasta dictar sentencia y junto al asunto principal, que este Juzgado haga su pronunciamiento sobre la existencia de un interés propio y cierto de la entidad BDT INVESTMENTS INC dentro del presente juicio sumario y declarar la procedencia o no de la tercería instada."