General Partnership Law
ARTICLE 98. PARTNERSHIP AGREEMENT – CONCEPT – SEPARATE LEGAL ENTITY. By the partnership contract two or more persons are obliged to make a contribution in money, in work or in other goods appreciable in money, in order to distribute among themselves the profits obtained in the company or social activity.
ARTICLE 105. NULLITY DUE TO ILLICIT OBJECT OR CAUSE IN A PARTNERSHIP CONTRACT. Nullity due to unlawfulness of the object or cause may be alleged as an action or as an exception by any of the partners or by any third party having an interest therein.
In the case of nullity due to illicit object or cause, the associates may not request the restitution of their contributions, and the assets contributed by them, as well as the benefits that may correspond to them, shall be delivered to the departmental charity board of the place of the corporate domicile or, in the absence of such board in such place, shall be delivered to the board that operates in the nearest place.
ARTICLE 107. MISTAKE OF FACT, MISTAKE AS TO THE NATURE OF THE CORPORATION – VICE OF CONSENT. The mistake of fact about the person of one of the partners shall vitiate the consent when the contract is entered into in consideration of the person of the partners, as in a partnership with respect to any of them, and in a limited partnership with respect to the managing or general partners.
General Corporate Law 26887
Article 1°.- (Scope of the Law) The Code of Commerce regulates the legal relationships derived from the commercial activity. In cases not expressly regulated, the rules of this Code shall be applied by analogy and, failing that, those of the Civil Code.
Article 7 – (Commercial acts by connection) Also subject to this Code are the acts carried out by merchants in connection with their commercial activities and those executed by any person when their purpose is the fulfillment of commercial obligations.
Article 10°.- (State enterprises) State, municipal or other fiscal enterprises are not commercial enterprises, but may perform commercial acts with private individuals and, as to such acts, are subject to this Code and special laws on the matter.
Article 14 – (Continuation by the father or mother) The father or mother, in exercise of parental authority, may continue the commercial businesses that belong to the minor by inheritance, donation or legacy, in accordance with the provisions of the Family Code, having to render an account when he/she reaches the age of majority or has been emancipated.
General Corporate Law summary
All shareholders of the company have the right to: Inspect company information, including the register of members (s. 116 Companies Act 2006) and a register of resolutions and minutes (s. 358) free of charge.
The agenda for a meeting is a list of items that attendees expect to achieve at a meeting. The agenda should be distributed prior to a meeting, at least 24 hours in advance, so that attendees have an opportunity to prepare for the meeting.
Simple Rule 1: A member of a group has the right to review the minutes of that group. Plain and simple, Robert’s Rules state that the secretary of an organization must (1) keep minutes and (2) make them available to members upon request.
Generally, the minutes begin with the name of the body holding the meeting (e.g., a council) and may also include the place, date, list of those present, and the time the chairperson called the meeting. Since the primary function of the minutes is to record the decisions made, all official decisions should be included.
General Companies Law pdf
The Secretary and the Administrator are auxiliary positions of the Community, not of the President, so they are obliged to comply with the legal rules, including the obligation to collaborate with the owners who call a meeting.
The problem in the consulted case is that in the Community there is a dissatisfaction with the President and the Administrator, reason why the owners who represent more than 25% have asked him by letter to call a Meeting.
In any case, those owners have full capacity to call the Meeting in accordance with art. 16 LPH and, furthermore, the secretary-administrator is responsible for not providing the data of the owners so that the requirements of arts. 15 and 16 can be fulfilled, as regards address, delinquent owners, etc.
Are the Administrator’s fees paid in equal parts by all the neighbors or according to the coefficient of participation, is the Administrator obliged to present the Community’s invoice, and how should he do so?