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securities

Venezuelan law defines securities as a document relating to a private law nature and the need to exchange for the literal and autonomous law expressed therein.

value as the title Barboza, E. (1998), "is a permanent link in a legal relationship with a document to be developed with the legal requirements to have the status of title value." Extinction

Titles Securities

Extinction is the instrument by which the document no longer be sufficient and necessary to practice law in the built, as a result of having lost its legitimacy effectiveness. BoE


receivable is the formal and complete that contains the obligation to pay, without consideration for a certain amount of money, maturity and place indicated therein.


The Promissory Note is a debt, it is also known to order it. " It is a written promise to pay for itself an amount of money owed. Can be extended for a particular person to order or bearer.

Legal Nature

is to be commercial, is governed by the Companies Act, even if the person is of civil nature. Features
Securities.
Incorporation: The document contains a right.
Legitimacy: The one who holds the title is the lawful holder thereof.
Literalism: The amount of the title sets the threshold of the law.
autonomy: immunity against former holders legitimate holder.
abstraction: it is independent of the cause which gave it birth.

Bankruptcy

is the situation where a trader is placed, not being in a state of backwardness, ceases to pay its trade obligations (Art. 914 Co Co).


Requirements Must be a merchant
That is not in a state of backwardness
cessation of payments (Article 914 Co Co). Classes


l Casualty Bankruptcy: Is that occurs as a result of a fortuitous event or force majeure
l Guilty: This is what is caused by a reckless or dissipation of the merchant. L Fraudulent
: Implementation of fraudulent acts to harm creditors

The Delay

is defined as a judicial procedure which aims friendly and orderly liquidation of the assets of a merchant, in order to pay all the debts or least the 2 / 3 parts of them, within a period not to exceed 12 months.

Conditions to be met to declare a state of backwardness
should be:

l l A trader must be a positive asset to liabilities greater
l There is a postponement in payments (898 Co Co.)

Legal Nature:
is a grace that sets the law in favor of the merchant.

How to use this benefit
As a trader's own request to the competent judge.
As an exception or defense in the trial of Bankruptcy.






Cooperatives A cooperative is a gathering of people on a voluntary basis with some common needs, and decide to join to meet them organized in a non-profit company profit. The company revolves around the production, acquisition, use or provision of a free and democratic.

The overall objective of cooperatives is the provision of services.

Cooperative Principles
open and voluntary association. Management
democratic partners. Shares
egalitarian economic partners.
Autonomy and independence.


Securities Mutual Aid.
Responsibility.
Democracy.
Equality. Equity


Solidarity Cooperatives

Types of goods and services
of consumption of goods and services
credit unions
Mixed.

Cooperatives are regulated by activities called National Superintendence of Cooperatives under the Ministry for the local economy.

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securities trading Contracts Summary

Commercial contracts are agreements between two or more people who creates a legal link, whose legal base is civil code and code of commerce.

Services Agreement is a contract whereby a person puts their business and their talents professionals in the service of another person for a fixed or indeterminate.

features can sign the contract:

-Over 18 years-under 18 legally emancipated

-over 16 and under 18 years, if you have permission from parents or guardians

-Business on whose behalf and under whose direction the worker will provide its service. conclusion of a contract of service contract can servicio.El made in writing or verbally (this is supported in law under the Commercial Code Section 110 and 111)

Object service contract

* The purpose of this is to define the characteristics of the service to verify
* Service to make and conditions of contract obligations
* * Rules and regulations

* Responsibilities * Effective contract
including

Transport Contract

Transportation Contract is a contract whereby one undertakes for a price to drive from place to place by land, canals, lakes, passengers or goods of others, and deliver them to the person who will run

Transport Contract Types

Things Transportation: is intended to transport within the area of \u200b\u200bmaterial things.

carriage of persons: aims to transport things from one place to another.

elements involved:

* The carrier: The carrier of the thing or person. Is who gets the obligation.

* Shipper: You will be self or others responsible for the conduct of persons or goods to the carrier.

* To: the person who sent the thing.

* The MSRP, destination place.

Contract Companies

Agreement is that in which two or more persons agree to a number of things in common, in order to create a new legal person or association, which will endow an estate consisting of those assets, and a social purpose, in order to gain material benefits, transcending a simple moral good.

For a better understanding of the corporate contract is of great importance to define what a society. According to Osorio "society is an entity created voluntarily by stakeholders in order to ensure a common goal and get some kind of profit

Our Civil Code Article 1649 defines a contract between companies "that by which two or more persons agree to contribute each with the ownership or use of things or with its own industry to the realization of an economic order in common "

Company Types

* Company Limited (CA)

* Limited Liability Company.

* Company in Partnership.

* Consortium.

* Share Accounts.

* People Companies.

contract elements Companies:

. Consent of the parties.

. Contributions.

. Law to divide the profits generated through the operations of the society.

Contract Object

society "The contract must be possible, lawful, definite or detrminable" of loscual the idea of \u200b\u200bconsidering the purpose of the partnership agreement as the end of it.

limited partnerships

is one that allows no major legal and practical difficulties, the combination of capital and labor aimed to exploit a given common economic activity, as in this way is evident from its very nature.

success two classes of Members:

The Comanditante: that is the one that provides its services without acquiring the status of worker. The silent partner: it is an equity partner that provides the cash or species, according to the convention held for that purpose.

Types: LP

simple: It is where the capital of limited partners is represented by equity securities, are generally not transferable without the consent of the partners comanditantes.
-stock: In which the limited partners' capital is represented for shares and the capital is represented by partners comanditantes equities

Limited Liability Company (SRL)

The Commercial Code Article 202 defines as follows :
"The limited liability company in which the obligations are guaranteed by a particular capital divided into shares of participation, which may not be represented in any stock or securities"
"The Limited Liability Company is a corporation with legal personality formed by partners to be responsible for social obligations is limited to the amount of their contributions and in which the capital is divided into shares of equal participation, not represented by bonds or securities whose transfer is subject to restrictions. "

Features: 1.This

kind of society will always have a commercial character (Article 200 Co. of Co.)
2.Tendrá its own legal personality. 3.La
partners' liability is limited (Art. 201
Co. Co. of social 4.Capital restricted in that it can not be formed with a lower amount to Bs 20,000, or more than Bs 2,000,000 ( In Co. Co. art. 315) Furthermore, when the constitution society, members must subscribe to the entire share capital and pay 50%, at least, if the contributions are in cash and all the same, whether the contributions are in kind (Art. 313 Co. In Co .)
5.Inexistencia of securities or securities (Art. 201 Co. of Co.). The participation fees are not negotiable but may be transferred by means of an authentic, and be registered at the request of either party in the book of partners, so you can produce an effect on the company. And on third parties only take effect after registration in the commercial register (Art. 317 and 318 Co. of Co.)
6.When maximum capital of Buenos 2,000,000 is deemed insufficient, the law allows additional contributions other than capital contributions, which are considered as payment of a debt to society and not be part of social capital (Article 314 Co. of Co.)
7.No is requiring the appointment of commissioners in companies with assets less than or equal to Bs 500,000, in this case this function will be performed by the members which do not.

The partners' liability is limited to the amount of their contributions established in the partnership agreement, ie, the partner is liable only up to the amount of their shares.

company or corporation

most important aspects: Jurica 1.Personalidad
: Self and completely different from those of their owners. 2.La
Responsibility: each partner is limited by the amount of capital contributed by each. 3.Su
Capital: The shares represented by
4.The Actions: May be negotiable. 5.Es
Required: Registration in the Register of Commerce. Establishing 6.Procedimiento
: Instant
succession. 7.Su
Life: Can be extended by decision of the assembly. 8.Tienen
Type: Commercial. 9.Products
Administrators: Respond to the implementation of the mandate and the obligations the Act imposes.
10.Designación: Mandatory Commissioners. 11.Estan
are governed by: 1. Articles of incorporation and its bylaws, Trade 2.Código and 3. Civil Code provisions. Take
12.No Names: From its owners or partners, public companies must run under a corporate name, which may refer to the object or form with any fancy name or person, but added the words must necessarily Company anonymous written in letters or in abbreviated form as Article 202 CC

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my exhibition on Lease and financial leasing. The stock market

Leases can be defined as an agreement or covenant by which a part called landlord letting property granted to another tenant called party, the latter undertakes to pay a fee or amount of money for the good or thing .

The Venezuelan civil code establishes the Rights and obligations of both landlord and tenant for the leasing of homes and agricultural property. An example of these obligations is that the landlord must deliver the thing or property in excellent condition and under conditions agreed with the tenant. The tenant is obligated to pay the stipulated time period of the rent for the lease of the thing.

It is also important to note that on a lease can be in turn another lease which is defined as a sublease, in this type of contract is the tenant who is leasing the property or thing.

Lease Term

The landlord may require the contract term
for nonpayment of rent.
For the thing used in contravention of the Agreed Usage.
For serious damage to the leased item attributable to the tenant.
By varying the shape of the thing leased without the landlord's consent.

The tenant may require the contract term
where contravention of the landlord's obligation to deliver to the lessee the leased property in good condition.
For total or partial loss of the leased property (eviction, partial or total impairment of the use of the leased property).
for the existence of defects in the leased hidden.


Leasing Leasing or

that consists of property lease where the lessor (company Leasing) acquires a lease for the use and enjoyment, for a contractually specified time period (usually coincides with the life of the asset). The tenant in exchange is obliged to pay a periodic amount (constant or variable enough to cover the purchase price of the good and the charges applicable).

Once the lease, the tenant has three options:
* exercise the option to purchase the property for the residual value (difference between the price of his initial adquisicón the lessor plus interest and costs, and amounts paid by the lessee).
* not to exercise the purchase option and therefore return the property.
* extend the lease, the payment of regular sums minors.

Variations
Leasing Leasing capitalized. Pure Leasing U
operational.
Sale and Lease Back.

Nature Juridica

is of great importance that the lease of a civil nature as rental homes and agricultural property have their civil code legal foundation of our country. For its part financial leases are commercial transactions, but specifically not find anything about them in the Commercial Code is the law that regulates commercial contracts as well there are special laws like the law of banks and other financial institutions.

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The stock market is a place called, where those interested in acquiring or transferring shares or bonds are represented daily by brokers or brokerage companies, and that through the free interplay of supply and demand set prices carried out the purchase and sale.

legal nature:
in Venezuela is governed by the law of capital markets and the commercial code.

difference between the stock market and the stock market:

Actually the Stock Exchanges themselves have disappeared and in place so there are stock exchanges. However, the problem from the legal point of view is maintained because there is no rule that reflects this situation, but apparently still in force the rules of the Commercial Code providing for the existence of the Stock Exchange. On the other hand, there is the legally disciplined Stock Exchanges by the Capital Market Law, but in doctrine and practice have made to these Stock Exchanges, will be implemented as soon as he held the provisions of the Commercial Code.

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The trade factor:

this factor constitutes an immediate contributor merchant who will represent you in the area of \u200b\u200bbusiness for which it was entitled.
is constituted as provided in the Commercial Code in its Article 94, is the manager of a business or commercial establishment or a branch that administers them on behalf of the owner. Dependent

junior employees are the trader has at his side to aid you in your operations working under his direction.

be Form Factor

Factor Trade shall be established by document recorded in the registry branch offices of the company address given, shall also be registered in the Trade Register is set in the courtrooms of the Tribunal (Article No. 95 of the Code of Commerce). This article also establishes the relationship of the factor derived from a contractual relationship in Venezuela and is attributed generally branch managers of banks and other companies of a certain size or complexity, coinciding, as already mentioned, with a link to a labor which is confined to the area of \u200b\u200blabor legislation.

Legal Nature of the Factor

Venezuelan doctrine has made a major effort to determine the legal nature of the trade factor, on the one hand it is argued that what is given is an agency relationship, this idea which flowers of the Commercial Code states that: Indeed it is an agency relationship as the dependent factor and other business executed on behalf of the principal. In this vein remember that the Civil Code Article 1684 states that the mandate is a contract whereby a person is obliged either for free or pay, to execute one or more businesses on behalf of another, that have seen to that.

Dependents

Dependents do not force their major contracts entered into, unless that is expressly conferred upon them the power to execute on behalf of certain operations of its circuits.
is important to note that dependents have the dual status of workers (employment) and representatives (business relationship) running business behalf of the principal. May be unique to the merchant leaders, which have been expressly the power to execute on behalf of certain of their business operations (Article 99) or guardian to sell retail or wholesale (Article 101), ie what English law calls youths.

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Dependent Factors and Trade Chamber of Commerce

The Chamber of Commerce aims at the union of traders association in this way to defend and project the rights and interests they have in common.


Article 45 of the Commercial Code states: "In the capital of the Republic, in each State and each of the ports enabled for imports and exports, may become, if not ready now, a Chamber of Commerce is composed of the wholesale traders, heads of industrial, ship captains and brokers and auctioneers public nature. " Must meet at least ten founding members with the above conditions

Purpose and powers
The purpose of the Chamber of Commerce will usually have such an institution in general trade and that business needs demand particularly in the locality. (Art. 46 Co Co)
The Chamber of Commerce shall have the powers or faculties which gives this Code and the other to express its Regulations, as it is not opposed to the law. (Art.47 Co Co)
The Rules of each Chamber of Commerce will be agreed herself, and a copy of it will be sent to the Ministry of Public Works and the other Chambers of Commerce. (Article 48 Co Co)

Nature Juridica

1. The Chamber of Commerce is considered a public institution in terms of its legal system, since they are created by the state. 2.Al
Chamber of Commerce to be the product of individual initiative of major retailers is a private type asaociacion
3.La House the result of individual creation, made in accordance with legal provisions, but once established, the State recognizes and gives legal powers through the laws that govern matter

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For a better understanding of this topic is important to note the business relationship from the point of view that there is a guy named trader who makes a business chasing a profit.

The commercial transaction is conceptualized as "the one made by the interposition or production in exchange for goods and services, determining the circulation of the s wealth and generally produces a speculation to that activity ... "

Merchants are those engaged professionally in his name for profit and commercial transactions. Our code Civil provides that any natural or legal person may be a merchant and also is a constitutional guarantee that everyone can engage in gainful employment of its preferecia.

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trade law has great importance to the intellectual preparation of a career in business administration as this provides a set of parameters rules regulating business activity focusing on both the merchant and the commercial transaction itself.



paraphrase the concept of commercial law that gives Ely Saul Barboza can be defined as a branch of private law composed of a series of legal and doctrinal laws aimed at regulating the practice of an organized economic activity, led to the replacement or production of goods and services.



The right would trade is seen from the following perspectives: objective system, subjective system and mixed systems. The first emphasizes the most acts of trade as the main factor of study in business law. For his part, considers the subjective system trader the center and foundation of commercial law as it claims it was the merchants who created their own rules to regulate the activities developed. The Joint takes into account both both merchant and the act of commerce.



Commercial law is characterized by its universality, speed, security, equity and consetudinario character.



is also important to highlight the relationship of trade law with other fields such as criminal law, the administrator, the proceedings, the land, the tax among others.