Marco Legal De Una Sociedad Limitada
It is the representatives of the company who are responsible for the administration and can be exercised by an individual manager or an administrative body. In this section, we present some characteristics specific to the limited liability company in terms of constitution, organization, management and operation, so that anyone interested in© creating a company, whether natural or legal, takes into account the characteristic elements of this type of company. This procedure consists of legalizing or registering employees` employment contracts, if applicable. One of the main advantages is that the liability of the partners is limited to the contribution made, so that they do not tie their personal assets to the obligations of the limited liability company. The organs of the limited liability company are: The limited liability company in Mexico is one of the most common types of companies due to its characteristics and flexible regulations. One of the seven commercial companies provided for by the General Law on Commercial Companies (LGSM) is subject to the provisions of this Law and the provisions of the Commercial Code, as well as other applicable commercial laws. When the company is incorporated, the shareholders appoint the administrative bodies and the shareholders` meeting, and shareholders may also consider appointing a supervisory board. The creation of companies on the Internet (CIRCE) is a system that offers the possibility of carrying out the procedures of incorporation and incorporation of the limited liability company by telematic means. In this way, travel is avoided and there are significant savings in time and money. For companies whose share capital does not exceed 3,100 euros, the notary and registration fees set out in Royal Legislative Decree 13/2010 are charged. The recognition of contributions to the capital must take place before the notary at the time of signature of the deed of incorporation.
Notwithstanding the foregoing, such accreditation is not required if the founders declare in the deed that they are jointly and severally liable to the company and the company creditors for the reality of the same. There are two types of contributions for admission: the administrative body is entitled to grant general or special powers of attorney to members or persons outside the company before ±notary in the articles of association itself or outside the company, taking into account the formalities laid down in the statutes or statutes. the General Law on Commercial Companies and the Federal Civil Code. In order to formalize the limited liability company, the partners must be trained before a notary and before him they will present and sign the articles of association, also©known as statutes, the notary public will register the company in the©public commercial register. However, if the partners do not comply with these formalities, the company will exist irregularly and its legal personality will still be recognized if it is held as a company vis-à-vis third parties, but in this case, the partners are not only liable for limiting their contributions, but are also jointly and severally liable for the obligations they contract with third parties. In addition to managing the company, they are responsible for filling positions crucial to its development, as well as relevant decisions concerning the company. Although its powers are limited by laws and legal provisions. The Company considers only one member registered in the Register of Partners. By sending the DUE, a request for an appointment with the notary selected for the issuance of the public certificate of incorporation of the company is generated. This appointment is obtained immediately through real-time communication with the notary`s calendar system, which provides the notary`s data, the date and time of the appointment. The limited liability company may be merged, dissolved and liquidated, subject to the rules established for this purpose by the General Law on Commercial Companies and other applicable regulations. Limited liability companies are one of the most commonly used types of commercial companies to set up small and medium-sized enterprises (SMEs) due to their flexible regulation.
It consists of a minimum of 2 partners and a maximum of 50 who are only required to pay their dues. At the time of the decision to incorporate a joint-stock company in Mexico, the minimum share capital (minimum amount with which it will operate) must be determined, how many social parts will be divided and how many will belong to each partner, and must own at least one share. At least fifty percent of each social portion must be paid. The limited liability company consists of a minimum of two partners and a maximum of fifty partners, exists for company names or a company name and the obligation or liability of the partners is limited to the payment of their contributions, which are in capital and form social parts and in turn integrate the share capital. They are responsible for the distribution of profits, the appointment of directors and the Supervisory Board and, where applicable, the admission of new shareholders or the dissolution of the company. Companies that pursue an illegal purpose are null and void and are immediately liquidated at the request of a person or the Public Prosecutor`s Office and must initiate criminal proceedings in their case and, if necessary, respond to the payment of civil liability. Supreme body of the company and responsible for decision-making of crucial importance to the company. These decisions shall be taken by majority vote. The notary is responsible for registering the company in the public commercial register of the federal agency concerned. Ask the Central Commercial Register for negative confirmation of the name of the future SRL (justification that the name of the company is not assigned or reserved by another company). The regulations of limited liability companies, the general law of commercial companies, define their characteristics, the most important of which are: In accordance with the general law of commercial companies, the representation of the company corresponds to its management or directors, who are authorized to carry out all operations related to the object of the company, unless expressly provided for in the articles of association or the law. Limited liability companies pay and report value added tax (VAT) and corporation tax.
It is free of charge between the partners, as well as for the benefit of the spouse, ascendant or descendant of the partner or for the benefit of companies belonging to the same group as the transferor, unless otherwise provided in the articles of association. Similarly, the minimum share capital for the formation of a limited liability company in Mexico is 3,000.00 pesos and must have been liquidated at least 1,500.00 pesos (50%) at the time of its formation. In the event that one of the partners separates or dies and his or her name appears in the name of the partnership, the word “and successor” must appear in the name of the partnership. The limited liability company in Mexico©is one of the seven companies provided for by the General Law on Commercial Companies, which means that it is subject to the provisions of this law and is subject to the provisions of the Commercial Code and other commercial laws applicable to it, as well as in what is not provided for. The Federal Civil Code applies.
