THE ORGANIZATION OF A NEW BUSINESS
1. The general characteristics of the Societat Anonima (S.A). amount of the part of the capital of the society not paid: form and the maximum delay for the payment; The organism of the management of the society: The direction of the common activity of the society and presentation in front of thirds is accomplished or by a manager, or by the advice consisting of y least three managers. - Have the capacity in accordance with civil legislation (the situation of the stockholder is not obligatory). SA is the form most suiting for creation “big firms”, owing to the fact that the juridical regulation is complicated by comparison with other economic societies.
2. The general characteristics of the Society with limited responsibility: Sociedad de Responsabilidad Limitada (S.L). The statuary documents of the society have to contain the following information: - Complete and reduced corporate names of the society;
3.The procedure of the recording of a Spanish Society. The ingress of the issued capital on an account, opened in the name of the society. The presentation of the constituting documents of the society containing following information: · Duties according to the behaviour of the financial states; the order of reorganization and liquidation of the society;
The aspects of the economic societies.
The commercial law of envisages different forms of economic societies.
We shall examine shortly the sociedad anonima (sa) and the sociedad limitada (SL), which are the most known, with there principal characteristics.
Can be created by several persons or only one person, in case of acquisition of all actions of the society by one stockholder.
The minimal capital of a "S.A". is 60.000 euro. At the time of the registration of the society, at least 50 percent of the value of every action must be paid.
The participants of the society do not answer for its obligations.
The statuary documents of the society have to contain the following information:
- Complete and reduced corporate names of the society;
- Purpose and aspect of activity;
- The delay of the existence of the society;
- The date of initiating of commercial acts;
- The seat of the society;
- The structure of the organism of the management of the society and presentation in front of thirds;
- The order of preparation and keeping of the general meeting of the stockholders: delays and form;
- The form of the approval of decisions.
The organism of management takes the responsibility of actions on behalf of the society without corresponding power of attorney.
For the study of the post of the manager, it is necessary to correspond to following characteristics:
- Not to be involved into administrative and criminal penalties.
Like with a SA. Only one person can start a S.L, who becomes his only participant.
The minimal capital of S.L. is at least 3.000 euro and must be entirely paid at the time of the recording of the society.
It is necessary to point out that the participants of "S.L". as those of "S.A". do not answer for its obligations.
Have the capacity in accordance with civil legislation (the situation of the stockholder is not obligatory).
- Purpose and aspect of activity;
- The date of the accomplishment of activity;
- The seat of the society; the sum of the issued capital of the society, sum and the face value on behalf of every participant;
- The structure of the organism of the management of the society.
The juridical regulating of the organism of management S.L. coincides entirely with what is pointed out as regards SA above.
The recording of the corporate name of societies SA or S.L. must have a different name then already existing societies.
The order of the transmission of actions; · Structure and competence of the organisms of the management of the society and order of approval of its of decisions.
The order of the regulation of divergences.
- The amount of the issued capital of the society: quantity, category (ordinary, privileged) of actions and types of the privileged actions installed by the society;
|
