Understanding Limited Partnerships and Business Structures

Classified in Law & Jurisprudence

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Limited by Shares
Abbreviations: S. IN C. BY A.
Law regulating corporations: Omnibus
Features:
  • 2 types of partners: comanditados and unlimited
  • Capital represented by shares
Constitution Process:
  • Board members to draft bylaws
  • Authorization from the SRE
  • Public notarization
  • Entry in the Public Register of Commerce
Name: The partner must provide its name for the business name considered by this partnership.
Social Capital: The law sets no minimum.
Book: 5% of annual profits to reach 20% or a fifth of fixed capital.
Number of Partners: Minimum 2 - Maximum: unlimited.
Documents to be Credited to the Member: Action.
Responsibility of the Partners:
  • A. Partnership: solidarity and unlimited subsidiary
  • B. Backer: the amount of shares unless they have taken part in any operation or habitually managed the affairs of the society
Ranked Foreign Participation
Social and Monitoring Bodies:
  • Shareholders' Meeting
  • Manager (general partner)
  • Commissioner
Individual Company
An individual company is one in which the owner is an individual who benefits from the profits of their productive activity. However, the owner also assumes the losses, even at the expense of their heritage. This is because it is a "single" owner in the sense that the owner has no partners.
The owner can respond to others with all their property, i.e., with unlimited liability, or only to the amount of the contribution to its establishment, in the case of sole proprietorships or limited liability EIRL. It's the easiest way to establish a business and is often small or family-owned.
Monopoly Capitalism: An agreement, union, or group of capitalists who concentrate in their hands a large part of the production and sale of goods to ensure high monopoly profits.
Trusts: These are agreements that transfer the real control of a company to an individual or other companies, exchanging shares for certificates issued by individuals who seek to control the company. A technique similar to that of trusts are holding companies that issue their own shares publicly but control other companies by buying their shares. These agreements need not be illegal, except when taken to monopolize trade.
Cartels: Today, the cartel is perhaps the most famous monopoly association. A cartel is an organization of producers whose goal is to win market shares, control production, and regulate prices.

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