An society is the joining of forces between two or more features which mutually undertake to contribute. The corporate law, therefore, is a branch of law responsible for the regulation and training of companies and organizations extinction.
Every year that passes more businesses are created in Brazil, so much so that in 2018 was the season with the highest number of companies created in the last eight years. So the service of a law firm is imperative to walk according to the law.
Principles of Corporate Law:
- Principle of Freedom Initiative
- Principle of Freedom of Competition
- Principle of Corporate Social Function
- Principle of Conservation Company
- Principle of Balance of businesswoman Society Autonomy
- Principle of Subsidiarity liability of partners for the obligations
- Principle of Limitation of Liability of Members by Social Obligations
- Majority Principle of Social Resolutions
- Freedom Principle of Association
- Principle of Social Minority Protection
- Principle of Autonomy of Will
- Principle of Inherence Risk
- Principle of Company Crisis of Social Impact
- Principle of transparency (in the company’s processes in crisis)
- Principle of Treatment Joint Creditors
According to the Civil Code, are provided for six types of business partnerships, they are:
- Limited society;
As the name suggests, the partner’s role will be limited (Ltd.), ie, it only liable for the amount invested, including in the event of debt. - Sociedad Anónima ; ;
Capital is not related to the partners, but the actions of the organization, with the obligatory presence of at least seven shareholders. It is a joint venture in Brazil and suitable for large companies.
In this case it is important to know the rights and obligations of shareholders. - General partnership ; ;
The partners respond equally, which can be re-established by social contract.
In this case the company can not have abstract name, must contain the name of the partners, or initials, followed by the term “& Cia.” - Limited partnership ; ;
It is a joint venture with partners divided into two categories: general partners, individuals who will be responsible for all financial and fiscal obligations; and limited partners, who answer only in relation to their share.
Just understand that the simple limited part of the partners will have its limited liability and the other not, is defined by the social contract. - Partnership limited by shares ;;
Like the corporation to have its capital divided by shares, the difference is that in commandite par actions, it operates by firm or denomination.
The person responsible for exercising all deliberative acts and social responsibilities is an appointed director. If the organization wishes to appoint more than one director will be possible, provided it is done in the act of incorporation. - Cooperative Society .
It is the set of people who have the common interest must be organized in a democratic manner in the economic point of view, with the free participation of all and respecting the rights and duties of each – which provide services for charity.