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The 5 main types of commercial companies

The 5 main types of commercial companies

May 27, 2024

Any profession based on groups of people working on the basis of agreements, according to commercial law, it is developed through commercial companies, or commercial companies . That is, companies or organizations. This is the legal form taken by any type of entity constituted with a determined capital, where several partners participate and a bank that offers us financial credit, as long as the case requires it.

The types of mercantile companies are determined according to the activity to which the company wants to dedicate . It is not the same to want to sell a product (tangent) that a service (intangente), a car that some shirts, or a plane ticket and an airplane. Different factors will need to be well analyzed and studied for the type of society that you want to project in the business world.

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Who can constitute a company?

It is essential to address this issue. For legal purposes, any natural or legal person , that is, a citizen with rights and obligations, has the legal capacity to constitute a society. The conditions and nature of the activity that you want to develop will ultimately affect the character of the company.

Let's go by parts. And it is necessary to differentiate between society and individual person. The law does not include any prior or special authorization for an individual to start a business activity. It simply demands legal capacity, that is, not have a legal impediment by judgment by any court .

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What is a mercantile society?

Unlike an individual entity or entrepreneur, a company part of the existence or agreement between more than two people, with an agreed capital depending on the objectives or economic activity that you want to give the company. There must be a contractual consensus, technically defining the obligations and rights of each of the partners.

A society can focus on an activity with disparate benefits and objectives, be a commercial society or a cooperative society. In the case of the latter, its function is advisory and support to other companies, especially to improve the performance of these.

The different types of commercial companies

As we have seen in the introduction, Companies can adopt different types of commercial companies . We will review the 5 most common in a generic way.

1. Sociedad Anónima

The Sociedad Anónima is the most common type of company within the Spanish tax system. It can be formed by a single owner, with a contribution of not less than 60,000 euros (a lower amount disables the anonymous status), divided into shares contributed by different partners. In addition, S.A. it supposes a disbursement of 25% of the total capital so that its creation becomes effective.

The constitution of a limited company is conditional upon the granting of a public deed before a notary and its corresponding Commercial Registry. The contributed capital is divided into shares contributed by the partners, which can be made in cash, rights or assets.

2. Limited Liability Company

The limited liability company has an initial capital divided into indivisible, cumulative shares and, what is more important, equally between the partners . No one can have more or less participation than others. The amount for its incorporation can not be less than 3,000 euros and this amount has to be paid ipso facto.

The partners have the right to participate in the distribution of benefits, as well as the resulting equity (surplus). The partners have the right to make executive decisions, as well as being part of the Administrative Board, which is in charge of deliberating actions and agreements.

3. Labor Society

It is one of the least common commercial companies today. It has a democratic character and enviable transparency. In the labor society the capital can be contributed by the workers directly , fact that creates a more direct link between the responsibility of the employees and the available resources with their management, avoiding the embezzlement. Likewise, there may be a partner who is not a worker.

In this company there can not be a name of constituent partners of less than three, with a capital of not less than 60,000 euros in the case of a SAL, or 30,000 euros in the case of an SLL, where a percentage of at least a percentage must also be disbursed. 25% of the total capital at the time of its constitution.

4. Collective society

The partners are direct managers, they personally respond to social debts and do so in an unlimited and solidary way . In addition, these partners can contribute their influence in the form of capital and labor force at the same time. The curiosity in this case, is that the name of the company must contain the names of all the members or, on the contrary, the concept "and company" or "company" must be added respectively.

The collective society must have no less than two individuals, the capital contributed by each of them can be in fiduciary money, rights or directly credits . The partners have the right to direct management of the company, monitoring and control of administration and accounting.

5. Cooperative Society

Within the world of companies, this would be the model that every employee would want. This society is clearly differentiated from the previous ones by having a more horizontal and participatory nature of the partners . In fact, the cooperative society is an association of individuals or legal entities that seek to develop an economic activity of common interest.

The advantages of this society are that capital is variable and neither a minimum nor a maximum is needed for its constitution, the management of it is democratic, all partners have the same rights and these can be voluntarily registered or discharged. and when they want it.

Bibliographic references:

  • Fanjul, J. L .; Castaño, F. J. (2001). Business project. Editex. Madrid.
  • Rodrigo Illera, C. (2008). Administration and Functions of Company. Ed. Sanz and Torres, Madrid.

Top Paying Jobs for Business Degrees (May 2024).

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