The Business Law is an area of Private Law - which deals, in a nutshell, with the relations between individuals - and takes care of the entrepreneurial activities and the entrepreneur, becoming firmly a set of disciplinary norms that acts on the rights and obligations of the entrepreneurs, on companies, special contracts, debt securities and industrial property. In this way, it acts, so to speak, in the opposite way to traditional judicial litigation, since it performs early business analysis and seeks preventive solutions to its clients before the problem settles.
Are the ways and alternatives how the partners can organize to carry out the business activity, according to the provisions of the Civil Code of 2002, in force in the country today. Although the limited company is the most common (it is estimated that around 90% of Brazilian companies are adequate to this legal model), there are also four other types of companies permitted under Brazilian law.
THE MERCANTILE CONTRACTS
The commercial contracts are concluded between businessmen and have different species to cover the regulation of the various commercial Legal relationships between companies. The most common examples are commercial buying and selling, exchange or barter, commercial representation, franchising, estimating, loan agreement, fiduciary alienation agreement, deposit agreement, commission contract, lease, the mercantile mandate and others.
It is the legal instrument that allows the company to reorganize and make viable its economic-financial situation while being active, without the need to paralyze its activities. Already in a judicial process, in turn, will depend on the authorization of the Judiciary for both, who presents a plan to pay their creditors over a given period.
It is a collective execution process that collects all assets of the debtor's assets to carry out a forced judicial sale, in order to distribute the funds obtained among all creditors. Its decree takes place in a judicial manner and represents the final and official situation of the company, when it can no longer pay its debts alone.
The following are 3 reasons that make a lawyer in business law indispensable for your business!
1. DEFINES THE MOST APPROPRIATE RELATIONSHIP BETWEEN THE PARTNERS DURING THE FORMATION OF THE COMPANY
Based on the profile of the company that is in training, lawyers specializing in Business Law are able to point out which is the most appropriate and advantageous legal model to form the company and register the company, according to each specific business situation, type of exploration of economic activity and the form of production and circulation of goods or services offered: whether it is better to opt for a simple society or regulated by an agreement of quota holders, for example, or else by a corporation. And believe me: the limited society, blatantly the most common in the country, may not always be the most advantageous.
2. IT DIRECTS THE ADMINISTRATOR REGARDING ITS RESPONSIBILITY AND ITS LIMITS AT THE FRONT OF THE BUSINESS
Once the company gains legal personality, acquired from the register, the partners will have very specific roles and responsibilities of performance, which vary according to the type of society chosen and the established standards. This type of performance and the limits of responsibility of each are defined and directed by a business lawyer.
Basically, the essential responsibility of a partner comprises economic cooperation, the formation and management of social capital and the commitments to third parties and society itself. However, the way this happens varies from society to society, because it is necessary to analyze the value that each one invested and its exact share of performance, since such decisions will later have a reflection on the fair distribution of profits and also the losses.
3. IT GUIDES THE PARTNERS THROUGHOUT THE OPERATION OF THE COMPANY, FROM ITS FORMATION TO COMPLETE DISSOLUTION
Just as a prior analysis of the technical, financial and image viability of a business is necessary, when opening a new business, without a business lawyer nearby, it can not even get out of the role. This also happens when it begins to grow and expand its markets or when closing the doors. It is able to assess, for example, the legal risks involved in a business transaction or a new transaction that is intended to be incorporated into the business.
Posted on June 05, 2018 at 02:38 PM