Legal forms of Company:
The labor Society can be either a joint-stock company (S.A.) or a limited liability company (LIMITED LIABILITY COMPANY), but particular characteristic that allows their control by the working partners who serve their in the same, by means of a participation in the company. It is used as instrument for the promotion of the use.
For the process of constitution and previous inscription in the Mercantile Registry we will have to ask for the qualification of labor society in the corresponding registry of labor societies of the independent community that corresponds according to the address of the society.
Once registered we will have to use our social denomination, followed of the type of society, this is labor joint-stock company (S.A.L.) or limited liability company labor (S.L.L.).
Basic characteristics:
• Own fiscal benefits.
• Controlled transmission of the actions/participation.
• Limit for the hours worked by the workers nonpartners and with contract of indefinite work in relation to the worked ones by the working partners.
We will have to consider in its constitution that:
• “The capitalist” partners cannot have more of 33% of the capital. (There are some exceptions if the actions/participation are in the power of the State, Independent Community or local Organization). The number of partners has to be of at least three, since the working partners cannot show more of 33% of the share capital.
• The share capital must be of the workers in more of 50% of the same.
• The hours worked to the year by the workers partners with indefinite contract do not have to surpass 25% of the hours worked by the workers who are partners. This limit operates less than in companies with 25 workers, if the group is superior the limit settles down in 15%.
Another characteristic of this type of societies is the obligation to equip a special reserve fund, besides the reserves that by law settle down for nonlabor the joint-stock company or limited. To this bottom 10% would be equipped with the benefit of each exercise. It has like main mission the compensation of the possible losses that can be generated.
Fiscal benefits.
These societies enjoy fiscal benefits like for example the freedom of amortization of bought the immobilized elements of immaterial and the material one in the five first years from the qualification of the society like labor. In addition also they count on important benefits in the tax on patrimonial transmissions and documented legal transactions.
Camila said
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A greeting
25 October 2008 | 01:32