Did you know that there are several types of companies?

Did you know that Brazilian legislation provides for certain types of companies and that each type of company has some peculiarities, which must be observed for the purpose of the entrepreneur's project? In accordance with current legislation, companies are subdivided into:

Not personified (although constituted by written instrument, it did not formalize the filing or registration of its constituent acts).
Personified (when legally constituted and registered with the competent body).

Thus, it is concluded that legal personality begins with the registration of its constituent acts, which must be carried out within 30 days from the date of their drafting. If required during this period, the registration will go back to the date of submission of the documents. If the registration request is extemporaneous, it will only take effect as soon as it is granted.

The types of companies covered by the national legislation

Limited Business Company
Limited Simple Company
Pure Simple Society
Sociedade Anônima
Company in a Collective Name
Limited Partnership
Joint-Stock Company
Cooperative Society
Holding Company

Corporate Types Framework

Table - Corporate TypessocietiesNon-Personified Joint ventures (Art. 986 and 990) Shareholding companies (Art. 991 and 996) Simple Personified Companies

Simple (Art. 997 to 1038)

Collective name (Art. 1039 to 1044)

Simple command (Art. 1045 to 1051) Limited (Art. 1052 to 1087)

Cooperatives (Art. 1093 to 1096)

Businesswomen

Collective name (Art.997 to 1038)

Simple command (Art. 1045 to 1051)

Limited (Art. 1052 to 1087)

Limited company (Art. 1088 to 1089)

Controlled by shares (1090 to 1092)

However, the commonly used corporate types are: Limited Business Company and Limited Company. To choose the corporate type that best meets the needs of the entrepreneur, the following requirements must first be met:

Form and branch of activity
Number of members
Social Capital

After analyzing the requirements above, it is also worth noting the main differences, as follows:

Main differences between LTDA. AND S.A.

Ltda: S.A. Pros and ConsSimpler incorporation proceduresLower shareholders' visibility limited liability to the amount of their sharesGreater transparency and corporate governanceUnenforceability of the valuation report of paid-up assetsNecessity of contractual alteration in share transfersUnenforceability of a deposit of percentage of the share capitalUnneed to file the sale of shares Unenforceability to publish balance sheetsCons: Cons:Greater visibility of shareholdersMandatory valuation of integrated assetsNecessity of contractual alteration in share transfersMandatory deposit of percentage of share capitalMandatory publication of financial statements High cost for the establishment and maintenance of the companyStricter rules for administration and accountability

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