These juggling acts of the illustrious treatise show to what extent “the company” is conditioned and characterized by the activity of the entrepreneur, the one who, according to Article 2082 of the Italian Code, “professionally carries out an economic activity organized for the purpose of producing or exchanging goods or services”. The most common legal structures are sole proprietorships, partnerships, limited liability companies, corporations and cooperatives. However, it does not seem that one can go so far as to conclude that “the company is the way a subject works” or a “modus dicendi to mention the entrepreneur”. It is undoubtedly the entrepreneur who selects, combines and harmonizes the elements to exercise one. A business with this type of legal form is more likely to receive loans or financing because more than one person is responsible for the debt. It is important to choose the structure that best balances legal protection with financial benefits. “The enterprise”, in its sense of the permanent organization of human and material elements for the exercise of an economic activity, has been valued and analyzed more as an economic phenomenon than as a legal expression. Messineo (10) points out that the Italian Code did not define the undertaking plausibly because it considered that such a concept `is implicitly included in the concept of entrepreneur as the owner of the undertaking, just as, for example, when determining the powers of the owner, it is also intended to determine the content of the right to property`. “In this sense,” he adds, “entrepreneurs and businesses are equal; The term company is therefore used in a subjective sense: it is a dicendi way of mentioning the entrepreneur: the company is the summary of an entrepreneur”. Then he adds: “The company is against its owner, that is to say against the one who carries out the activity in which the company itself is dissolved; But since it is the functioning of a subject, it takes on a subjective color.
As a result, businesses and entrepreneurs integrate; but they cannot be identified. In reality, they do not constitute definitions in accordance with the law, and do not specify the legal category to which “society” could belong, nor its specific differences within society, but the description – it is true that “society”, which is still considered only as a social reality and not through the prism of the law, is difficult to grasp and conceptualize. It is not an “object” that contains and exhausts its characters and elements, but an organization in a certain “subjective” way through the activity of the one who stands before it, without which the enterprise cannot be conceived. If a single person owns and operates a business, they are the sole proprietor. When two or more people own a business, they form a partnership. When a business is owned and operated by individuals who benefit from the use of its products and services, it is called a cooperative. This leads us to stop at “the company” and “the entrepreneur”. The words “business” and “entrepreneur” have no specific legal meaning in our law. It does not refer to a contract, institution or organization whose specific characteristics make it unmistakable; The word “entrepreneur” is also not a specific legal qualifier, as is the term “trader”, for example. The partnership is similar to a sole proprietorship, except that there are now two or more owners.
There are two types of company: general and limited; In general, everything is divided equally, while in the Limited, one of the partners controls the operation of the company. The company is an ideal structure for those who want to start a business with family or friends, such as a car repair shop or restaurant. Responsibility and risk are shared between partners. For the same reason, this type of agreement should be made with the help of a lawyer, so the cost of forming a partnership is slightly higher than the cost of starting a business with a sole proprietor. This type of company is easy to train and does not require a lot of bureaucracy. Whether a natural person is at the top or governed by a company or community, “business” exists with similar characteristics in economic and social life. It is very important to choose the best legal structure for your small business, as it affects all aspects of your business. The President. The next item is the joint debate on the following motions for resolutions: G.L.
Campion (9) says that `the enterprise is first and foremost a body for the coordination of human activities, the coordination of which is carried out through the combined commissioning of the factors of production`. This is the easiest and cheapest way for those who want to have full control over their business or run a home-based business, such as writers, accountants, trainers, masseurs, etc. It does not require major formalities to start or end the business. Some of your personal expenses, such as health insurance, may be tax deductible. Unlike sole proprietorships, partnerships or LLCs, corporations pay taxes on their profits and, in some cases, shareholders pay taxes again on their stock gains. “business”, “business entity”, “trading house”, “commercial transaction”, the terms by which vulgar language sometimes refers to the for-profit organization and others to the registered office or property concerned for that purpose; and the word “businessman” in legal texts still refers indiscriminately to the person responsible for the construction of buildings in the context of the rental of services (articles 1844, 1845 and 1850 of the Uruguayan Civil Code and 2003 of the Chilean Civil Code), when a transport facility has been announced and is open to the public (article 1855 of the Uruguayan Civil Code and article 172 of the Chilean Commercial Code), or the organizer of artistic or sporting events. B Corp is a for-profit corporation in which shareholders hold the corporation accountable for providing some kind of public benefit in addition to financial gain. Companies B differ from companies C in their purpose, responsibility and transparency, but they do not differ in the way they are taxed.
S Corp is an option for a single business owner who wants to start a tax-saving business. In this legal form, the owner receives a salary as if he were the only employee of the company. This salary is not part of the profits of the company and the owner pays the corresponding taxes. The rest of the company`s profits are paid as a dividend, which is levied less tax. Therefore, by separating profits between salary and dividend, the owner of S Corp saves money on paying taxes. The most common and simple legal structure is a business with a single owner. The owner and the business are the same entity when they pay taxes. Business profits are personal gains and are taxed as personal income. In some states, B companies are required to provide an annual report that explains and demonstrates the company`s contribution to the common good.
What is the best legal structure for your small business? The legal structure is how the company is organized from a financial point of view. It is very important to choose the best legal structure because it affects all aspects of your business: day-to-day operations, payment of state and federal taxes, and personal risk or financial responsibility.