Legal aspects of company law: keys for entrepreneurs and businessmen

Introduction

Company law is an area of law that regulates the constitution, organization, operation and dissolution of companies. For entrepreneurs and businessmen, understanding the legal aspects of companies is crucial to guarantee the correct development of their businesses.

Types of companies

There are different types of companies, such as the public limited company (SA), the limited liability company (SRL), the general partnership, the limited partnership, among others. Each type of company has its own characteristics and legal requirements that must be met for its constitution and operation.

Constitution of societies

The process of establishing a company includes the drafting of the bylaws, the election of governing bodies, the subscription and integration of the share capital, among other aspects. It is important to have specialized legal advice to ensure that all legal requirements are properly met.

Partner Responsibility

Depending on the type of company, partners may have different degrees of responsibility for the debts and obligations of the company. It is essential to understand what the responsibility of each partner is to make informed decisions in the business environment.

Dissolution of companies

Companies can be dissolved for different reasons, such as the end of the term stipulated in the statutes, the will of the partners, the death or incapacity of one of the partners, among others. The dissolution of a company must be carried out in accordance with the provisions of the legislation and the corporate statutes.

Frequent questions

Can I establish a company without the help of a lawyer?

Although it is possible to establish a company on your own, it is highly recommended to have specialized legal advice to ensure that all legal requirements are properly met.

In which cases are partners unlimitedly liable?

Partners are unlimitedly liable in general partnerships and limited partnerships if they act as managing partners.

Can I dissolve a company by my own decision?

In some cases, the company's statutes may establish the possibility of dissolution by the partners' own decision. Otherwise, the dissolution must be carried out in accordance with the provisions of the applicable legislation.