El Representante Legal De Una Empresa Responde Con Su Patrimonio

In this case, before the SRI, the functions of the legal representative are: the mission of the legal representative is to defend the interests of the company and is the main decision-maker. He has the power to sign contracts and bind the company. You can also review and control the day-to-day actions of the business and manage the company`s assets. Companies interact daily with third parties such as public authorities, employees and other natural and legal persons and do so through©their legal representatives. For example, if a company is registered in the Federal Register of Taxpayers, it must apply to the SAT and do so through©its legal representative; When the company hires employees, it enters into contracts with them through©its legal representative. It is not common for an officer to be jointly and severally convicted, but the rule is and is a matter of proving the manager`s liability for the damage caused, which is not so difficult due to the above legal presumption. Commercial companies have their own legal personality and are independent of that of their shareholders and directors. Similarly, the partners are liable up to the amount of their contributions to the share capital and the directors are not liable for company debts, with a few exceptions. Moving from an individual`s business to a legal entity could be the natural goal of any entrepreneur, and why not? the sale of a legal entity proves to be very attractive, has several advantages such as a lower SRI rate, a credit history of the company is built, greater solvency and structure are generated, which becomes more attractive for cash, coupled with the separation of assets and the liability of partners and / or shareholders, to the assets and responsibility of a company itself, the so-called corporate veil.

Now, Mr. Entrepreneur-Entrepreneur, think about it: Who is the representative of your company? Do you remember if you set any restrictions in the laws? If the answer is no, then your legal representative can move from signing contracts and hiring employees, to buying houses, to co-contracting the obligations of other people, to deciding on oil production if their corporate purpose allows it. The natural entrepreneur is everything and everyone at the beginning of the business. He is the sole shareholder, is the legal representative, up to the accountant (or at least pretends to do so). In these situations, there is no risk of fraud, as all situations will be affected by your decision. Here, some questions are raised, such as the convenience of continuing to work as a legal entity, the management of the management of the company, whether it is appropriate to manage a board of directors or a single director, as well as the prospecting necessary to limit the financial losses of Fiscas persons who integrate morality. Thus, the directors are jointly and severally liable for social obligations arising after the occurrence of the legal ground for dissolution. However, there are currently cases of „confinement” that prevent the Federal Office from initiating proceedings to establish joint and several liability with the mere fact of a tax credit against the company, since each of the following situations must necessarily be updated so that the authority can take legal action against the assets of the partners: shareholders, representatives and/or directors thereof.

In summary, one of the fundamental decisions at the time of appointing a legal representative is the percentage of trusts that shareholders want to grant and the restrictions they want to impose on the issue or amount in order to eliminate the so-called bankruptcy power in Spain. Changing the legal representative follows the same steps as your initial order. Once the partners have approved the change, the following steps must be followed: Have you wondered what is the importance of the legal representative in a company?, its responsibilities, but also its scope.