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Mercantile Society

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Mercantile society

mercantile society (or commercial society ) is that one society that intends the one accomplishment or more transactions commercial or, generally, a subject activity to Straight mercantile . Civil society is against to .
Like all society, they are beings which the law recognizes legal Personality own and different from its members, and that also counting on own Patrimony, canalizes their efforts to the accomplishment of a lucrative purpose that are common, with vocation like the benefits that are from the realized activities, will be only perceived by the partners.

Antecedents

The old one straight did not know Institution mercantile society with legal personality, the one that is creation of the modern world. Decrees of Bilbao only regulated the collective societies and the silent partners.

Elements

In the Mercantile Societies there are three fundamental elements: the social ones, patrimonial and the formal ones:
• Personal element: It is constituted by the partners, people who contribute and reunite their efforts (goods, capitals or works)
• Patrimonial element: It is formed by the set of goods that are contributed to form the share capital, the goods, work, etc.
• Formal element: It is the set of rules regarding the form or solemnity with which one is due to have to the contract that gives rise to the society like a right individuality.

Classification

The mercantile Societies can be classified according to several criteria, between which they emphasize the following:
According to the predominance of the elements
• Societies of People: they are the societies in which the personal element predominates. They are the collective societies and in simple silent partnership.
• Intermediate societies: In these societies the predominant element is not very clear. They are the Limited liability company and the Silent partnership by Action.
• Societies of capital or capitalists: In these societies it dominates the share capital. In this classification the Joint-stock companies and the Cooperatives are included.
According to its type of capital
• Fixed capital: The share capital cannot be modified, but by a modification of the statutes.
• Variable capital: The share capital can diminish and increase as the advance of the society, without complex procedures. and its function

Legal classification
• Collective Society .
• Society Simple Silent partnership .
• Limited liability company .
• Joint-stock company .
• Society Silent partnership by Action.
• Cooperative society .
• Limited society
• limited Society labor

Constitution

The Constitution is the act by means of which a mercantile society acquires legal personality, for which it must fulfill requirements and legal solemnities that are to them applicable.
The societies that lack the mentioned requirements are known like Irregular Societies .

Organs of the Mercantile Societies
In the Mercantile societies normally three types of organs coexist.

Transformation, fusion and division

Transformation

The transformation is a legal phenomenon by means of which a Mercantile Society on the other changes its original structure of the recognized ones by the legislation, conserving its initial legal personality.

FISCAL OBLIGATIONS

At the moment into which a society decides to transform itself, it must fulfill certain obligations fiscal, first that must do is to warn of the change of trade name the office receiving within 10 days accompanied by the corresponding writing and later it must present/display within the 90 days following to that one in that the change became of trade name, a declaration for effects of the tax on the rent which must include from the day following to the date in which the last declared period of change of social reason finished to date or.

Fusion

It is the act by which two or more societies unite their patrimonies, concentrating them under the ownership of a single society. It can occur by two methods: the one of absorption, that appears when a society absorbs to one or more societies; and the one of combination, which arises from the union of two or more societies to form another different one.
Its process includes/understands two moments, in the first place each society will have to take the agreement from fusion in its statutes (article 222), secondly will be due to sign the agreement of fusion between the societies (article 223). The fusion agreement must register in the public registry of commerce and be published in the official newspaper of the organization of the address of the society; each of them will have to publish its last balance, and those that there are to be extinguished they will have to publish in addition the form as it is going to be covered its liabilities (article 223).

Division

It consists of which a society that denominates escindente, divides to the totality or part of its assets, liabilities or share capital in two or more parts than contribute in block to other split denominated societies of new creation.

Dissolution and Liquidation of the Mercantile Societies

Dissolution

The mercantile society will be dissolved when in the presence of anyone of the causes anticipated in the law or Statutes, initiates a process that culminates with its extinction like legal being, previous liquidation that of the same is realized. Before such situation, the society maintains its personality legal but its aim becomes because no longer it will be able to continue operating the object for which it was constituted, because it will only subsist for effects of his liquidation. although in diverse occasions one says that the dissolution occurs by subjects sicologicos.tamplysqec

Liquidation

The liquidation is constituted by all the later operations to the dissolution, that are necessary and precise to give aim to the pending businesses, to pay the liabilities, to acquire the credits and to reduce to money all the goods of the society, to distribute it enters the partners. This then, it lasts since the society dissolves, until it becomes to the partners liquidation and application of the goods.

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