Definition of Mercantile Company

A Commercial society is that society whose mission is achievement of two or more acts of commerce or any activity subject to the right commercial type.

As with any type of society, it is an institution to which the law recognizes him legal personality own and different from that held by its members and who, owners of their own assets, will allocate their activities with a common profit purpose, that is, the benefits obtained from the aforementioned activities will be received by the partners.

Meanwhile, in them we can distinguish three important elements: economic, conjugal and social.

Its classification, on the other hand, will depend on several criteria: according to the type of capital, from social capital, may not be modified except by prior modification of the statutes and variable capital , implies that capital may be increased or decreased depending on the growth that experience the society in question, that is, without having to carry out complex procedures.

And according to the type of Constitution we find the following: capital or anonymous company (The social obligations will be guaranteed by a certain capital and the partners will only be committed to answer for the amount of the shares they hold for which once the amount of their action is canceled, they will be released from all kinds of obligation that the company has assumed and that is above the amount of their action), of society or company in collective name (Obligations are guaranteed by the responsibility unlimited and solidarity assumed by each of the partners, therefore, all partners must respond if the company has to assume a debt, for example; and if a partner could not do so due to insolvency, then, for the aforementioned solidarity, the rest of the partners will have to bear the costs of it. As a consequence of the very high risk it implies, this type of society is practically in disuse today) mixed company (It is a combination of the previous two, because there are some partners who will only respond to one certain sum and others who must answer for all the obligations of the company) and limited society(The obligations are guaranteed by a specific capital that is divided into shares of participation).