Diferencia sociedad anonima y limitada

Srl meaning

When choosing between incorporating a corporation or a limited liability company, you may have some doubts. Depending on their characteristics, you will be able to decide which one best suits your needs. Here are the main differences between these types of companies.

It is always necessary to take into account the ideal moment to create a business and which legal form is the best adapted to it. The Corporations (SA) and the Limited Liability Companies (SL) are the most used legal forms in the business world, both are framed within the capitalist societies in which the contribution of the capital prevails over the personal characteristics of the partners.

The main problem of the shares of the Limited Company is that they are not easily transferable. In addition, there are occasions in which in order to obtain financing the financial entity requests a means of guarantee. In case of accepting the requirements demanded, it would happen to respond with the personal assets.

Sole proprietorship wikipedia

The Sociedad Limitada (SL) or Sociedad de Responsabilidad Limitada (SRL) is a commercial company with legal personality whose capital is divided into equal, cumulative and indivisible shares. Its partners are not personally liable for the debts incurred by the company, but only with the capital contributed.

On the other hand, the corporation (SA) is also a commercial company with legal personality, but its capital is divided into shares. These shares may have different par values or have different privileges attached to them, and may be freely transferable. In addition, the shareholders are not liable with their personal assets for the debts of the company, but only up to the amount of capital they have contributed.

To incorporate both companies an initial capital contribution is required, which in the case of the Limited Company is only 3,000 euros and in the case of the Public Limited Company it amounts to 60,000 euros. In the SL the initial capital can be subscribed and fully paid up at the time of incorporation, and can be in cash, goods or rights, while in an SA only 25% of the capital needs to be subscribed and paid up.

Limited versus public limited company

An entrepreneur or self-employed person who decides to create a limited or limited company must wait at least two months to get it incorporated and start operating, as long as it is done by the traditional method, not telematically, confirms Salvador Guillén, head of Gedesco’s Legal Department.

Before going to the notary to sign the deed of incorporation, it is necessary to apply for the name in the Mercantile Registry by means of a form, which is held in reserve for three months, until the company is incorporated. If it is not constituted in this time the application expires.

After opening a bank account and having deposited the capital by the partners, the deed of incorporation must be drawn up, which must include the company name, activity to be carried out, bylaws. This document must be signed before a notary. In four or five days, by telematic way, the formalities are made before the Treasury – payment of taxes – and it will be registered in the Mercantile Registry.

United states corporation

The liability of the partners is joint and several among themselves and is limited to the capital contributed, i.e., they are only liable for the debts for the capital invested and/or the assets contributed in the name of the company.

The corporation must have a minimum capital of at least €60,000, which must be at least 25 percent paid up, i.e. with €15,000 a corporation can be incorporated, for which there is also no maximum capital. The rest of the capital – the so-called passive dividends – must be paid into the company’s account at a later date, within the period stipulated in the articles of incorporation.

Patricia Gómez

Bienvenid@, soy Patricia Gómez y te invito a leer mi blog de interés.