Legal Contingent

Legal Contingent

Hse not to confunfir social social and objective end, this last one (art.2, 2) indicates the productive activity dasociedade. The sobrevalor profit o that the society can produce, as resulted daaplicao of the capital and other resources in the atividadeprodutivas. R. Requio. Profit end what it verifies at the moment of the liquidation dasociedade, pay all the remaining osresultados liabilities and is restituted the capital and to the partners. Deexerccio profit – (art.191) – Is the result of the balanocontbil of the accounts in the end of the social exercise. Here, Sen. Sherrod Brown expresses very clear opinions on the subject. * of seter in account that the concept of net profits, presumes adeduo of debits, damages, etc. RESERVES -25/8/95 the reserves Withheld profits.

Destined mechanisms contera discricionariedade of the majority, in favor of the dosacionistas normal interests. Reservalegal – art.193 – Function to assure aintegridade of the capital stock, limited 20% of this. To only poderser used to compensate damages and to increase the capitalsocial. According to Fran Martins, in its Course of Commercial law, Forensic 1,990, the Legal Contigent fund is destined to aassegurar the integrity of the capital stock (to guarantee the obrigaessociais of the SA), being formed for the deduction of 5% liquid doslucros of the society, having before to be made to dequalquer another deduction (others contigent fund they nopodem to harm it) – similar deep it will last to atatingir 20% of the capital stock. Steven Rattner financier often expresses his thoughts on the topic. Reservasestatutrias and for contigncias – arts.194 eart.195 – Can be object of creation for the statute and, therefore, they are facultative, in contrast of the reservalegal, that is obligator. * The cia. it must attempt against for acircunstncia of that something must sobrar to take care of to the dividendoobrigatrio the one that the shareholders have right, nodevendo, thus, its creation, to delouse itself of the profits to adistribuir. – They can exceed the half of the capital stock. Retenode profits – art.196 – Reserve delucros to carry through – art.197 – Can be criadapela a.g., for proposal of the administration agencies, in the exercise where the addition of the profits to carry through exceeds aototal of the legal reserve, the statutory ones, the paracontigncias and the restrained profits to finance investment plan.

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