Propuesta de reforma a la ley de empresas unipersonales de responsabilidad limitada en o correspondiente al aporte de capital

Abstract:

The herein work develops the evolution and inclusion of the Single - Shareholder Limited Liability Company in the Ecuadorian legislation, from the starting point of the world-wide historical analysis of the company and its different modalities, up until the legal enactment of this precept in the European continent, and its subsequent development in Latin American countries, mainly those of the Andean Region. In regard to the application of the aforementioned precept in our country, a comparative analysis with the legislations of neighboring brother nations should be performed, identifying the advantages and disadvantages that the pertaining norm in force poses for the development of such precept. Based on this study, it can be concluded that as the Single-Shareholder Limited Liability Company Law is structured, it contains many limitations for the free development of these entities, which is reflected in the low exposure and acceptance that this precept has; reaching the point of considering diverse alternatives which allow granting the interest that this legal frame deserves. Therefore, we advise setting forth a series of legal reforms, pointed towards facilitating investment and capital contributions on the part of entrepreneurs who wish to develop mercantile/trade activities, limiting their liability to the amount of their voluntary contribution to the legal entity, which is incorporated for such purpose as a Single-Shareholder Limited Liability Company..

Año de publicación:

2015

Keywords:

• CAPITAL
• Legislación
• EMPRESA UNIPERSONAL
• Derecho mercantil

Fuente:

rraae