The limitation of liability is the responsibility of the partner

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mahbubamim077
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Joined: Tue Jan 07, 2025 4:32 am

The limitation of liability is the responsibility of the partner

Post by mahbubamim077 »

It states that the company will be individualized by a firm name or denomination, which will make known, when possible , the corporate purpose, and will end with the word limited , and may begin with the word company .

Declares that the use of the firm is the responsibility of the managing partners.

It does not establish a minimum or maximum for the constitution of the share capital, nor for the value of the shares.

It places limited liability companies among partnerships , denying any supplementary application of the legal provisions on public limited companies.

The limited partnership appears regulated in the project with its traditional and universal nature.

The only innovation it made was to subject to the effects of bankruptcy the limited partner who becomes, by his own act or by his own decision, jointly liable , or by carrying out acts of administration , or giving his name to the corporate firm .

Partners with equal responsibility must face the same fate and bear the same consequences.

This will make it difficult for companies that are only limited partnerships in appearance to exist…

The substitute does not include joint-stock companies as it does not consider them to be anomalous companies, which are exempt from corporate discipline.

But it takes care of capital and industry companies , following the provisions of the INGLÊS DE SOUSA project.

The substitute VALDEMAR FERREIRA incorporated the project chile bulk sms packages of public limited companies by deputy GUDESTEU PIRES, with the amendments offered by the Plenary of the Chamber and other changes of substance and form introduced by the rapporteur.

The project includes this type of company – limited partnership by shares – which is currently very little used.

The substitute includes cooperative societies among commercial companies (arts. 216 to 235).

In our view, this is an inexplicable mistake, which the TRAJANO VALVERDE project did not incur.

Cooperative societies, as they do not have, and cannot have, a profit-making purpose, are exempt from the corporate discipline of commercial societies:

They must have special and appropriate treatment, in a special law, which disciplines them and regulates their sui generis operation .

Finally, the project in titles VIII and IX deals with the incorporation and merger of companies and the dissolution, liquidation and distribution, maintaining the institute of dissolution , which may be verified: a) by full right; b) by act of the partners; c) by effect of a sentence.
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