2023-10-18 13:01:05
Searching the internet for a definition of “entrepreneur”, I found the following, which seems very accurate to me: “The entrepreneur is an entrepreneur of innovation”. Therefore, like every entrepreneur, he has a business idea, looks for enough resources to start it and organizes those resources. But, in addition, they demand novelty from the entrepreneur: that the business idea be a discovery, something different from what already exists.
This innovative figure, however, reconciles well with a more traditional institution: the limited company, which has been able to adapt to current demands to the point of being the entrepreneur’s best choice to legally organize his company, for several reasons, of which We will highlight the following:
a) As a general rule, it is a way that limits the personal liability of the entrepreneur. Unlike other forms of business organization, if a limited company is established, only the assets of the company are liable for debts that may arise from the business carried out, thus protecting the personal assets of the entrepreneurial businessman.
b) Quick in the constitution and low cost. Contrary to what many people may believe, it is very simple to establish a limited company. You will only have to go to a notary, who will advise you and prepare the deed and from there will electronically process obtaining the company’s NIF and registration in the Commercial Registry. Even if you go to an Entrepreneur Service Point (PAE), limited companies created by the notary through the CIRCE portal that meet a series of requirements can be incorporated and registered in hours. In certain cases, also, at a limited cost. My colleague Itziar Ramos explains it very well. here.
c) Small initial outlay. To establish a limited company, it is enough to prove to the notary the contribution of 3,000 euros to the company, either in cash or in other assets with economic value. It is the normal way, but since 2018 the so-called successive foundation has been allowed in which it is not even necessary to justify the disbursement of the 3,000 euros of capital. In exchange, the founding partners are personally liable to third parties up to that amount, being deprived of the advantage of the express limitation of liability.
d) Versatility in your organization. The legal regime of the limited company allows different configurations. Thus, for example, it is possible for the entrepreneur to establish the limited company without any other partner – what is called SL unipersonal-. This does not prevent it from admitting other partners later, if necessary, through different businesses, such as the transfer of shares or an increase in capital.
The statutes that are drafted at the time of the constitution of the company are those that determine its organization. To do this, you already know that you have the advice of the notary, who accompanies you in the process of establishing the limited company.
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