A poorly drafted social contract can lead the company to ruin. The legality of the corporate relationship is contained in this instrument.
Having a formal company is the dream of many Brazilians, but opening one is not always a simple, easy, and quick task. Therefore, having a good accountant in this process, but especially an excellent business lawyer, makes the task less painful and safer.
The first step is to choose the company’s trade name (commercial name) and its corporate name (legal name). This work requires verification to see if there are no homonyms that make it impossible to register and operate your business.
Afterward, the lawyer prepares the social contract, which is the company’s birth certificate, defining in this document the corporate model, the tax regime, the amount and value of shares, etc. Here the figure of this professional becomes indispensable. A poorly drafted social contract can lead the company to ruin. The legality of the corporate relationship is contained in this instrument.
With the articles of association in place, the next step is to identify the feasibility of creating this company, choose its activity and type, and register the other documents in a registry office and the local commercial registry, as well as issuance, state, municipal registrations, and business license.
In addition to the direct support of the accountant chosen by the company, the service of the specialized business lawyer such as Sequoia Legal business attorneys for example of so that everything runs within the relevant legal requirements of the public administration and ends with the opening of this company in a satisfactory manner. In case of problems, the lawyer acts extrajudicially to make the necessary dialogue with public bodies and even judge corrective judicial measures so that, finally, the company can function.
Finally, no company is accessible yet, to proceed with its registration and prepare all the fiscal apparatus of its operation, generating conditions for the issuance of its payroll (even if there is no employee at the beginning) and very least fails to issue their invoices with the collection of taxes.
Failure to comply with any of these steps makes it impossible for a company to start operating and can also lead to administrative fines. All care is little, therefore. Thus, this type of enterprise cannot be started without legal assistance and advice. The great death of companies also occurs in the first years because of these slips.
