scholarly journals La empresa familiar y su organización en forma de sociedad mercantil, con especial referencia a la sociedad de responsabilidad limitada

2011 ◽  
pp. 1
Author(s):  
María Angustias Díaz Gómez
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Critical Perspective ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Family Enterprise ◽  
Preferential Choice ◽  
The Social ◽  
The Family ◽  
Limited Company

En este trabajo, tras unas consideraciones generales sobre la Empresa Familiar, analizamos, en primer lugar, los tipos sociales mercantiles que puede adoptar en España la Sociedad Familiar, haciendo un repaso de las formas sociales típicas reconocidas por el legislador, reflexionando sobre sus ventajas e inconvenientes. En segundo lugar, nos centramos en el estudio del régimen jurídico de las dos Sociedades Capitalistas más representativas, la Sociedad Anónima y la Sociedad de Responsabilidad Limitada, analizando sus rasgos comunes, todo ello con el fin de dilucidar cuál se adapta mejor a las particularidades de la Sociedad Familiar. En tercer lugar, considerando que la Sociedad de Responsabilidad Limitada es la forma jurídica de creación de Sociedades Familiares más utilizada, se le dedica especial atención, destacando las divergencias fundamentales de regulación entre esta sociedad y la Sociedad Anónima. Asimismo se estudia la Sociedad Limitada Nueva Empresa, como subtipo de la Sociedad de Responsabilidad Limitada. Como conclusión, se trata de arrojar luz sobre la elección preferente de la Sociedad de Responsabilidad Limitada como forma jurídica de constitución de la Sociedad Familiar y, al mismo tiempo, de examinar, desde una perspectiva crítica, la normativa que le resulta aplicable.<br /><br />In this work, after a few general considerations on the Family enterprise, we analyze, first, the types of mercantile companies that the Familiar Company can adopt in Spain, doing a revision of the social typical forms recognized by the legislator, thinking about his advantages and disadvantages. Secondly, we centre on the study of the juridical regime of both most representative Capitalist Companies, the public limited liability company and the Private limited company, analyzing his common features, all this in order to explain which one adapts better to the particularities of the Familiar Company. Thirdly, considering that the Private limited company is the juridical form of creation of Familiar Companies most used, one dedicates special attention, emphasizing the fundamental differences of regulation between this company and the public limited liability company. Likewise we study the Limited Company New Company, as subtype of the Private limited company. As conclusion, it is a question of clarifying the preferential choice of the Private limited company as juridical form of constitution of the Familiar Company and, at the same time, to examine, from a critical perspective, the regulation that him is applicable.<br />

scholarly journals The French «Société Par Actions Simplifiée - SAS», All Purpose Vehicle!

2020 ◽  
Vol 1 (2) ◽  
pp. 49-57
Author(s):  
Laurent Grosclaude
Keyword(s):  
Limited Liability ◽  
Joint Stock Company ◽  
Limited Liability Company ◽  
Stock Company ◽  
Business Organisation ◽  
The Public ◽  
French Experience ◽  
Limited Company ◽  
Comparative Advantages ◽  
Legal Entities

The Société à Responsabilité Limitée or the limited liability company (SARL) and the Société Anonyme or the public limited company (SA) were perceived as relatively rigid or inadequate company types. Besides the reform of these traditional types of company forms, in 1994, a new company type was created as a flexible vehicle for businesses: the Société par Actions Simplifiée – the SAS (simplified joint stock company). Further changes in 1999 and 2008 made businesses even more adaptable. In 2019, more than 65% of newly created legal entities were established as a SAS; SARL around 30%, and SA less than 2%. SAS has a single member variant, the SASU (U for unipersonnel – one person). The French experience showed that the simplified joint stock company responded to a real economic and organisational need. The new company form based on limited liability has become widely accepted and useful. The simplified joint stock company was introduced by Poland as a new company form in 2019. Other states may also consider the French experience based on the comparative advantages of this peculiar business organisation.

scholarly journals Przekształcenia spółek kapitałowych a ustawa o kształtowaniu ustroju rolnego

2020 ◽  
pp. 113-124
Author(s):  
Jerzy Bieluk
Keyword(s):  
Limited Liability ◽  
Point Of View ◽  
Agricultural System ◽  
Practical Reasons ◽  
Limited Liability Company ◽  
The Public ◽  
Limited Company ◽  
Substantive Law ◽  
A Company ◽  
Legal Sense

The Act of 11 April 2003 on shaping the agricultural system introduced a number of restrictions on trading in agricultural property. As of 30 April 2016, the regulations of the Act also apply to companies undergoing a division, change of status or a merger. In this article a change of status of a company which owns agricultural real estate was analysed. For practical reasons, the most common situation of this kind is the conversion of a limited liability company into a public limited company. The analysis of this has revealed that the construction of legal regulations regulating this issue is highly imprecise. However, the biggest problem seems to be the fact that statutory objectives provided for in the Act have not been achieved. In the case of a conversion of a limited liability company into a public limited company, the shareholders of the limited liability company become shareholders of the public limited company, so from the substantive law point of view, the same entity continues to exist. Solutions of this kind do not make any legal sense and certainly do not achieve any of the objectives set out in the Act analysed.

scholarly journals Rethinking entrepreneurship and family business research in Honduras: a closer look in times of crisis

2020 ◽  
Vol 9 (1) ◽  
pp. 28-38
Author(s):  
Allan Discua
Keyword(s):  
Entrepreneurial Activity ◽  
Business Research ◽  
Family Enterprise ◽  
Large Size ◽  
Family Enterprises ◽  
The Social ◽  
The Family ◽  
The World ◽  
Relevant Context ◽  
Is Value

Introduction: Around the world, entrepreneurial activity is influenced by family. The influence of family in the creation, management, development and continuity of small, medium and large size enterprises is unequivocal. In this revision article, I argue for the relevance of further research in Honduras around entrepreneurship and the family enterprise. Methods and Discussion: As families in business are vital to the social and economic fabric of communities around the world there is value in understanding the special nature of enterprises that operate as family businesses. Honduras is a relevant context of study as research on family enterprises has been underrepresented and several challenges and fortuitous events affect the emergence and continuity of family enterprises. Conclusion: To advance understanding, this revision article brings together a collection of themes that provide a nuanced overview of key discussions and opportunities for further research.

scholarly journals Diálogo das fontes e soluções de antinomias na efetivação da partilha de quotas por ex-cônjuge ou ex-companheiro de sócio

2020 ◽  
pp. 96-123
Author(s):  
Lucas Salles Moreira Rocha ◽  
Tereza Cristina Monteiro Mafra
Keyword(s):  
Property Rights ◽  
Family Relationship ◽  
Limited Liability ◽  
Civil Procedure ◽  
Civil Code ◽  
Limited Liability Company ◽  
The Family ◽  
Teleological Interpretation

RESUMOO presente artigo objetiva examinar o direito patrimonial do ex-cônjuge ou ex-companheiro de sócio sobre quotas de sociedade limitada, nos casos de rompimento da relação familiar em que haja litígio quanto à divisão dos bens. A matéria atualmente gera controvérsias, pois o art. 600, parágrafo único, do Código de Processo Civil, e o art. 1.027 do Código Civil, que regulam os direitos do ex-cônjuge ou ex-companheiro de sócio nos casos de término da relação conjugal, aparentam conflitar entre si. Diante das controvérsias que permeiam o tema, buscar-se-á, pelo método exploratório, realizar interpretação sistemática e teleológica, para sugerir a aplicação da teoria do diálogo das fontes na compatibilização das normas aparentemente conflitantes.PALAVRAS-CHAVEDivórcio. Partilha de quotas. Diálogo das fontes. ABSTRACTThe purpose of this article is to examine the property rights of a member’s former spouse or partner towards the ownership interests of a limited liability company, in the event of a break in the family relationship, in which there is a dispute over de division of goods owned by the couple. The matter is currently controversial, since Articles 600, sole paragraph, of the Code of Civil Procedure, and Article 1,027 of the Civil Code, which regulate the rights of the former spouse or partner of partners in cases of termination of the conjugal relationship, appear to conflict with each other. Given the controversies that permeate this field, this paper will seek to perform systematic and teleological interpretation, though the exploratory method, in order to suggest the application of the theory of the dialogue of the sources in the compatibilization of the apparently conflicting rules.KEYWORDSDivorce. Division of ownership Interests. Dialogue of the sources.

scholarly journals Limited Liability Companies in the Slovak and European Legal Context

2018 ◽  
Vol 11 (40) ◽  
pp. 256-268
Author(s):  
Lenka Vačoková
Keyword(s):  
Future Development ◽  
Limited Liability ◽  
European Parliament ◽  
Limited Liability Company ◽  
European Area ◽  
Legal Provisions ◽  
Legal Context ◽  
Commercial Code ◽  
Limited Company ◽  
The Future

Abstract This paper analyses provisions of a Limited Liability Company under the Slovak Commercial Code, mainly conditions governing the process of foundation and incorporation of the company and the structure of company bodies. Legal provisions of the Limited Liability Company are primarily compared with Private Limited Company by Shares established according the Companies Act 2006 and secondarily with proposal for a Directive of the European Parliament and of the Council on single-member Private Limited Liability Companies. The result of the research is a comparison of the Slovak and the British legislation and an effort to predict the future development of Private Limited Liability Companies in the European area.

Die Privilegierung der Landwirtschaft

2021 ◽  
Author(s):  
Nils Jensen
Keyword(s):  
Public Interest ◽  
General Public ◽  
Special Treatment ◽  
The Public ◽  
Advantages And Disadvantages ◽  
The Social ◽  
Social Debate

Even in an industrialised and service-based economy, agriculture is and remains a sector that is particularly worthy of protection and that operates not only in its own interest, but also in the interest of the general public. However, the social debate shows that the advantages and disadvantages of agriculture are not balanced on every farm. The study deals with the public interest in the privileged treatment of agriculture, i.e. the question of what justifies the special treatment of agriculture and what is "agriculture" in this sense.

The situation of families receiving the benefit within the framework of the "Family 500 plus" program in the opinion of the social workers – a research report

2019 ◽  
Vol 34 (1) ◽  
pp. 35-49
Author(s):  
Anna Weissbrot-Koziarska
Keyword(s):  
Social Workers ◽  
Future Generations ◽  
Support Programs ◽  
Research Report ◽  
The Public ◽  
Current Implementation ◽  
The Social ◽  
The Family ◽  
The Government ◽  
Difficult Situations

Families are responsible for the functioning of the future generations. However, in their lives there may occur difficult situations which they are not able to overcome. Then the government provides the necessary assistance through actions carried out by aid institutions and various support programs. Currently in Poland there are many programs to help the poorest and the families in need. One of them is the program “Rodzina 500 plus” which is very well-reviewed by the public . It is, however, necessary to control the effects of the support given by the government to improve aid projects and indeed direct the stream of money to those who need it the most. The article includes analyses of the studies carried out in the Opolskie Voivodeship which aim was to show effects of the current implementation of the program “Rodzina 500 plus” from the perspective of the social workers.

scholarly journals Analysis of Validity Decisions General Meeting of Shareholders Limited Liability Company in Circulation

2018 ◽  
Vol 5 (2) ◽  
pp. 356
Author(s):  
Nanang Nurcahyo ◽  
Yudho Taruno M
Keyword(s):  
Limited Liability ◽  
General Meeting ◽  
Public Official ◽  
Limited Liability Company ◽  
Legal Validity ◽  
Applicable Law ◽  
Share Ownership ◽  
Limited Company ◽  
Made In

The General Meeting of Shareholders (AGM) held by the company is an important organ in taking various policies in the company. The GMS in practice is set forth in an authentic deed made before a notary and or made in minutes of meetings in the form of a deed under the hand, and then the deed is set forth in the form of an authentic deed and this practice is known as the deed of the decision of the meeting. In this context, the responsibility of a notary in making the deed of declaration of decision of general meeting of shareholders of circular limited company should be studied further, since a Notary is a public official who has authority to make authentic deed of all acts, agreements and stipulations ordered by general regulations or requested by the parties making the deed. Notary as a public official in every execution of his duties should not be out of the "signs" that have been regulated by the applicable law. Based on the results of research can be concluded that the making of Deed of Shareholders General Meeting of Shareholders which made in circulation has been regulated in Law Number 40 Year 2007 and has been allowed, so have legal validity and strength. However, in the verdict the judge has overturned the ruling of the general meeting which was made in circulation regarding the transfer of ownership of the shares, because the judge considered that in making the decision there is one element that has not been completed, namely the signature of several parties. With the cancellation of the decision, it will affect the return of share ownership from the defendant to be returned to the party, and this also affects the notary who participated in making the deed of decision of the general meeting that the notary is required to obey and comply with the stipulated decision.

scholarly journals Infancia, familia y educación análisis histórico y cambio social

2021 ◽  
pp. 183-197
Author(s):  
Carmen María Cerdá Mondéjar
Keyword(s):  
Public Space ◽  
Historical Analysis ◽  
Cultural Changes ◽  
The Public ◽  
Modern Times ◽  
The Social ◽  
The Family ◽  
Traditional Function ◽  
Ancient Times ◽  
Care Assistance

The interest for the care and education of childhood have varied throughout the different historical time. Together with the transformations experienced within families, childhood has gradually and progressively attained meaning and relevance in the social environment. The new moral and spiritual function assumed by the family in the transition to modern times, and which went beyond its traditional function as transmitter of surname and heritage, implied the appearance of new emotions towards childhood at the same time their individuality intensified.At present, childhood acquires important centrality both in the private family space in which its protection, care, assistance and education prevail, rooted in new link of relationship (Burgess, 1972: 6-7), as well as in the public space, social, political, normative and economic. With these ideas, this research aims to historical analysis of the conception of childhood and its education, from ancient times to the present day, within the framework of the family and considering the repercussions that political, social, economic, demographic and cultural changes have had on childhood. La atención y el interés por el cuidado y la educación de la infancia han ido variando a lo largo de las diferentes etapas históricas. Ligada a las transformaciones experimentadas en el seno de las familias, de forma gradual y progresiva la infancia ha ido alcanzando significado y relevancia en el medio social. La nueva función moral y espiritual asumida por la familia en el tránsito hacia los tiempos modernos, y que rebasaba su tradicional función como transmisora de apellido y patrimonio, implicó la aparición de nuevas emociones hacia los menores al tiempo que se intensificaba su individualidad. En la actualidad la infancia adquiere notable centralidad tanto en el espacio privado familiar en el cual prima su protección, cuidado, asistencia y educación, enraizadas en nuevos vínculos de relacionabilidad (Burgess, 1972: 6-7), como también en el espacio público, social, político, normativo y económico. Partiendo de estas premisas, este artículo tiene por finalidad el estudio y análisis histórico de la concepción sobre la infancia y su educación, desde la antigüedad hasta nuestros días, dentro del marco de la familia y considerando las repercusiones que los cambios políticos, sociales, económicos, demográficos y culturales han tenido sobre la misma.

Factual Conditions of Early Childhood Prosocial Development in the Arena Playing Facilities in the City of Padang General

2020 ◽  
Vol 6 ◽  
pp. 00004
Author(s):  
Setiawati Setiawati ◽  
Jamaris Jamaris ◽  
Rusdinal Rusdinal
Keyword(s):  
Early Childhood ◽  
Social Development ◽  
Research Subjects ◽  
The Public ◽  
Public Facilities ◽  
Prosocial Development ◽  
The Social ◽  
The Family ◽  
The City ◽  
Depth Interviews

This research is motivated by the low participation of parents in the development of children's prosocial activities in the arena of public facilities, which results in poor prosocial abilities of children. This can be seen from the behavior of early childhood who like to monopolize the game, not patiently waiting for their turn, likes to hit friends, and does not like friends, do not want to share and so forth. The purpose of this study was to describe the factual conditions of child prosocial development due to public play by the family so far. P.The approach used is qualitative with the type of case. The setting of this study was carried out in Singgalang Padang complex, while the research subjects were parents who brought their young children to play in public play facilities. Researchers were key instruments, and data collection techniques used participatory observation, in-depth interviews. Data analysis techniques using qualitative analysis. The results showed that parents had not participated in the social development of children in the public play arena. There are several reasons for parents why they do not carry out the prosocial development of their children, among them they argue that: (1) it is not yet time, the social development of children is done, because they are still too small. (2). Even if directed they don't understand, (3) there are parents who think that they don't know that social development needs to be done since the child is still small (4) There are parents who don't want to know about the situation and they are more focused on children themselves. Suggestions in this study need to provide information to parents or caregivers about children's social development early on in the public play arena.

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