Post by xyz3700 on Feb 27, 2024 5:48:19 GMT
On the last day of April, Provisional Measure 881 was published, named in the legal context of MP "economic freedom", which promises to guarantee the "free market", as well as the analysis of the reasonableness of the economic impact of the edition or alteration of normative acts of general interest. The text of the provisional measure conveys norms that aim to protect freedom of initiative and exercise of economic activity; is said to be guided by the principles of the presumption of freedom in the exercise of economic activities; presumption of good faith on the part of the individual; and through subsidiary, minimal and exceptional State intervention in the exercise of economic activities. In effect, the MP innovated in the legal scenario by adding the institute of a single-member limited company, in the text of article 1,052 of the Civil Code, which will be a business company constituted by a single partner, in its articles of incorporation article 7.
It is known that in the provisions of article 966 of the CC, the figure of the entrepreneur can be an individual entrepreneur, holder of an Individual Limited Liability Company (Eireli) or an agent who is part of a business company, constituted by an individual or legal entity that professionally carries out economic activity. organized (RAMOS, 2016, p.76), for the production or circulation of goods or services. In this sense, the civil law already allowed the exercise of business activity by a single agent, now called “individual entrepreneur”, or through Eireli, added to the civil law in Chinese Malaysia Phone Number List which differs from the figure of the entrepreneur individual. Even though data from commercial boards show that the majority of registrations have traditionally been from individual entrepreneurs — especially after the creation of the figure of the Individual Microentrepreneur (MEI) —, these are not seen by the legal system as an exploiter of economically relevant activity, if compared in isolation from other types of economic activity.
This is because its object consists of rudimentary and marginal businesses, often street vendors (COELHO, 2016, pages 20-21). For this reason, it cannot benefit from the corporate type of liability limited to the exercise of its activity. In better words, the individual entrepreneur is responsible for the risk of his enterprise with all his assets, including his personal assets, for the debts incurred during the business (RAMOS, 2016, p. 77), and cannot set up a limited company. Eireli is a limited liability business activity constituted by, at least, a single agent, which may “result in the concentration of shares of another type of company in just one partner”, according to article 980-A, paragraph 3, of the Civil Code. It was established in the legal system to limit the responsibility of the entrepreneurial agent, remaining affected, a priori, only the capital invested in the enterprise, protecting the agent's private.
It is known that in the provisions of article 966 of the CC, the figure of the entrepreneur can be an individual entrepreneur, holder of an Individual Limited Liability Company (Eireli) or an agent who is part of a business company, constituted by an individual or legal entity that professionally carries out economic activity. organized (RAMOS, 2016, p.76), for the production or circulation of goods or services. In this sense, the civil law already allowed the exercise of business activity by a single agent, now called “individual entrepreneur”, or through Eireli, added to the civil law in Chinese Malaysia Phone Number List which differs from the figure of the entrepreneur individual. Even though data from commercial boards show that the majority of registrations have traditionally been from individual entrepreneurs — especially after the creation of the figure of the Individual Microentrepreneur (MEI) —, these are not seen by the legal system as an exploiter of economically relevant activity, if compared in isolation from other types of economic activity.
This is because its object consists of rudimentary and marginal businesses, often street vendors (COELHO, 2016, pages 20-21). For this reason, it cannot benefit from the corporate type of liability limited to the exercise of its activity. In better words, the individual entrepreneur is responsible for the risk of his enterprise with all his assets, including his personal assets, for the debts incurred during the business (RAMOS, 2016, p. 77), and cannot set up a limited company. Eireli is a limited liability business activity constituted by, at least, a single agent, which may “result in the concentration of shares of another type of company in just one partner”, according to article 980-A, paragraph 3, of the Civil Code. It was established in the legal system to limit the responsibility of the entrepreneurial agent, remaining affected, a priori, only the capital invested in the enterprise, protecting the agent's private.