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Cámara de Comercio

CHAMBER OF COMMERCE.

is the organization that meets a particular merchant in order to protect the interests of trade and traders acierdo to established ways to do so in its own regulation.

LOCATION:
Pursuant to Article 45 of the Code may constitute trade:

• republic's capital.
  
• state capitals (Merida).


• enabled in ports for import and export.

REQUISITOS PARA SU CONSTITUCION:

Se constituye mediante la convencion de una asociacion la cual debe estar integrada por comerciante el por mayor; jefe de establecimientos industriales, capitanes de buques o corredores y venduteros con caracter publico.

FEDECAMARAS

Fundada en1944, Fedecamaras con el objetivo principal de defender y promocionar la libre empresa, defendiendo el desarrollo y la diversificacion de la economia nacional, basado en el sistema de la empresa privada y de la libre iniciativa, dentro de un orden juridico que provea y garantice los derechos del hombre, así como también, apoyar union members and defend the cameras, as established in statutes and as provided in the assembly, the National Council and the executive board.

main purposes of the Federation

• The development of our economy, social welfare and defense, promoting the cooperation of the private INITIATIVE national progress.



• harmonize different interests and delcomercio production, according to the interest of the community. Get



• effective representation of the different regions of the country pursuing its national integration.
  
  
• sustain and defend in government decisions and agreements adopted by the convention and the federation;



• contribute their own initiative and promote increased economic relations with other entities in other countries and coordination and study of all the problems of the current economic situation as well as those faced in the postwar period.

Of the members of the Federation

be members of the federation all associations and chambers Venezuelan independent and whether trade or production, members of the founding convention and subsequently apply for admission and are accepted by the board.

Fedecámaras Mission:

Achieving organizational excellence:

• harmonize sectoral and regional interests.



• exercise the highest representation to those involved in national and international life.



• Develop and promote strategies and policies

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La Letra deCambio y Parare titulos valores

THE POINT OF CHANGE AND VALUES PAGARETITULOS

Various securities, among the most common are the bill of exchange, promissory note and the check. The securities are documents created through the incorporation of a law whose possession is sufficient and needed to practice law in the built part of its legitimate owner signadas.Los against those securities are classified:

• The way to create titles are singlares or series.




• For the individual who creates them, the titles are public or private.




• For the purpose of the right attached to the titles are people, real and obligations.




• For the purposes of the case in the life of the securities, these can be grouped into causal and abstract.

characteristics of the securities.

• INCORPORATION.




• THE LITERLIDAD.




• LEGITIMACY.




• AUTONOMY.




• Abstraction.

THE POINT OF CHANGE.

bill of exchange is a formal title and full credit which contains an obligation to pay a specific sum without tradeoffs in a mature and established place in it.

CHARACTERISTICS OF CHANGE POINT.

• is a document (physical, written)




• pago.Ø is a means of Is half credit.




• is a title to order.

WHO INVOLVED IN THE CELEBRATION OF THE FIRM OF THE LETTER OF CHANGE?

• drawer, the one who issued the document.




• book, is obliged to pay the bill.




• Benefit, is the one with the right to demand payment of the bill of exchange.

REQUIREMENTS:

• l The name change letter inserted in the document.




• The pure and simple order to pay a certain sum.




• indication of maturity.




• Place of payment.




• The name to whom or to whose order must be paid.




• The date and place of issue.




• The signature of the person signing the letter.

PAY.

Credit is a title called also true, as Venezuelan law makes no distinction between it and pays.

REQUIREMENTS:

• date.




• The amount of numbers and letters.




• The time of payment.




• The person to whom or to whose order must be paid.




• exposure if the amount received and that kind or value in mind.

WHO ARE INVOLVED IN THE CELEBRATION OF PAY?

• the drawer, the documento.Ø issuing the book, is obliged to pay the bill (they are the same.)

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Las Cooperativas

COOPERATIVES.

The cooperative is a production company, acquisition, use or provision of free and democratic participation, formed by people pursuing a common objective economic and social, where the share of each partner in the benefit is determined by the work incorporated into the common goal and not by the amount of money contributed.

OBJECTIVE. The overall objective of the cooperative is to provide the service.

cooperative principles.

• open and voluntary association.
• democratic management partners.
• equal economic participation of partners.
• Autonomy and independence.

VALUES.

• Mutual Aid.


• Responsibility.


• Democracy.


• Equality.


• Equity.


• Solidarity.

TYPES OF COOPERATIVES

Cooperative enterprises are classified according to the activity for which they were created:

• Cooperative production of goods and services; For Cooperatives consumption of goods and services.


• savings and credit cooperatives.


• Cooperative ventures.

HOW

formed a cooperative?

• Remove the name reservation form in SUNACOOP.


• After five (5) working days SUNACOOP consulted certify that the name does not belong to another union and authorize the latter to be registered under that name.


• Given that you have 90 days to perform the following procedures without losing the name reservation, the group of people get together and write the statutes.


• Once approved by the related statutes, it will go to the junior record location to be considered for registration and obtain the legal status of the cooperative.

WHO CAN PARTICIPATE IN A COOPERATIVE?

everyone can participate deemed appropriate. However, to form the law requires a minimum of five (5) persons

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La Quiebra

BANKRUPTCY.

A bankruptcy Bankruptcy is a legal situation in which an individual company or institution can not cope with the payments to be perform (liabilities), so these are superior to their available economic resources (assets).

A natural or legal person who is bankrupt is called failure. When the bankrupt or debtor is declared bankrupt court, we proceed to a bankruptcy or insolvency proceedings, which examines whether the debtor can meet debt than their assets and outstanding payment obligations.

CHARACTERISTICS OF BANKRUPTCY:

• is a situation of widespread insolvency, what difference the mere cessation of payments.


• insolvency is a constant in time.


• insolvent is to be judged objectively by facts suspects insolvency.


• an insolvency situation is such that it becomes insurmountable for the debtor.

TYPES OF BANKRUPTCY:

VOLUNTARY: In any institution other than a municipal or financial can start their own name for bankruptcy. Insolvency is not necessary for formally initiate voluntary bankruptcy or the company must have committed an act of bankruptcy laws.

INVOLUNTARY: The involuntary bankruptcy is initiated by a stranger, usually a creditor.

EFFECTS OF BANKRUPTCY DECLARION .

Inhaber
• the failure is to manage your property, that authority passed to a third party called a trustee.


• The term debts outstanding become immediately due and payable.


• rights are attached by creditors, ie, they can not improve their situation after the bankruptcy filing.


• Accumulate all the lawsuits pending against the debtor before the judge failed to know that bankruptcy.


• creditors lose the right to enforce the debtor failed individually.

LIQUIDATION IN BANKRUPTCY.

A company that has been declared legally Settlement involves the sale of all company assets to satisfy creditors acquired revenue, according to certain priorities (the creditors have priority over shareholders). In bankruptcy voluntarily or involuntarily committing an act of bankruptcy may be settled

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UNDERDEVELOPMENT .

can be understood as the organization procedural, legal and enforceable settlement of a heritage that gives the debtor (vendor) a true expected to comply, in principle, of all obligations, and I have only given to reputable merchant. The delay is, as a means of settlement which is updated by a special process called process executive late, in which involved mainly the debtor, the court and creditors.

PARTIES IN THE PROCESS OF LATE.

The executive process of a voluntary nature, prevention of conflict of interests which is further potential to rise to the crisis of lack of cash in the estate of the dealer, is the existence of interests that are, or could become, contrary.

The parties are also the subject of the litigation or business, no doubt to say that late in the process of parties, both the applicant of the debtor and all creditors, who may or may not intervene in the process at will.

Judgement.

The decision will be made by the judge who acted in a sovereign manner, he is not in any way connected with the views of various people associated with the process. So while the creditors, the trustee and the meeting of the same, support the decision to be given the benefit of delay, the court may deny freely backward state and declare quiebra.Contenido of the sentence: the sentence must contain:

• The duration of the settlement (not to exceed 12 months).


• The debtor's obligation to state that they have paid within this period all to all its creditors "with the assistance of the committee of creditors, under the direction of superior court" art. 904 of the Commercial Code.


• and conservatory measures it deems necessary precautions to ensure the integrity of the debtor's assets.


• Creditors should make up the committee to oversee the administration and liquidation of the debtor's assets.

LATE TERMINATION OF PROCESS .

• Where, during the term given to the debtor, the creditors cancel all those who owe.


• The maturity date "if the debtor does not request extension."


• When the process is fruitless for the debtor and whether it is the one who declare bankruptcy.


• Where there is some appeal.


• When it declared bankruptcy court.

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Sociedad de Responsabilidad Limitada

LIMITED LIABILITY COMPANY.

The limited liability company is one in which social obligations are guaranteed by a given capital divided into shares of participation, which may not be represented in any case limited by shares or marketable securities.

FEATURES:

• legal personality: the S.RL. not countenance itself, ie, their rationale can be found in other types of companies either personal or capitalist.


• The partners' liability is limited to the capital contributed by each.


• limited liability companies may not become a huge capital of bolivares twenty thousand nor more than two million bolivars.


• The founding capital is divided into shares.

SOCIAL CAPITAL.
The capital of the company, depends on the willingness of the parties, that is, they will decide how much social capital will be made, but as required by the code of commerce in the art. 315. The capital is divided into shares of participation, which are a unitary set of rights and powers given to the legitimate holder to participate in society.

DISSOLUTION AND LIQUIDATION OF THE COMPANY.

For

• seizable agreement or general meeting.


• For non-exercise of the activity constituting the corporate purpose for three consecutive years.


• Any other cause established in the statutes.

ADVANTAGES AND DISADVANTAGES.

• economic Limitation of Liability of partners.

free
• names.


• there no minimum or maximum share capital partners.


• unlimited partners.


• Slow and expenses of the process of incorporation.

Obligation to keep accounts
• formal.


• No freedom to deliver the shares.


• can not go public.


• can not issue bonds

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Compañías o Sociedades Anónimas




companies or corporations.






Historical .

traditionally has held the company stock had its origin in the early formulations of the companies of publicans from the Roman era, and the monti Monae of the Middle Ages. But certainly, the corporation had its origin in the colonial societies of the seventeenth and eighteenth centuries, whose expression is quite similar to modern ones, was observed in the East India Company established in the Netherlands, and the company's real Gipuzkoa caracas, later receiving Company limited its ultimate legal treatment in the French commercial code, 1807.





Concept: S ociety or joint stock company:

are represented by limited liability companies, consisting of two or more people. Has legal personality, social capital is divided by shares or securities that can be transferred without the consent of the other partners, the partners are liable only up to the amount of shares subscribed, the death or incapacity of a partner not affects the life of the company.



Features:

The corporation has the same features that other companies: it is a legal entity, its shareholders, partners contribute money or property estimated in money, for profit, loss of supports fund established by the shareholders, but they differ from other rights partners are represented by shares that consist of a title. The administration is performed by 2 board collegiate bodies of shareholders and the board, which appoints a manager. The rights of members are represented by shares of free transferability. These companies are always shopping, even when formed for civilian purposes. The corporation is solemn character, both in its creation, modification and dissolution, it is formed and a public trial, which extract is made in the Trade Register and published in the Official Journal.


Corporations are divided into smaller parts called "actions"

1. Disclaimer: the partners or limit your liability to the amount to which they have invested in the partnership.


2. Society capital par excellence more interested in what people capital of the partners, they may not know each other nor the third party contract with society, hence the name "anonymous."


3. Life continued: life of society is separate from its owners. Its duration is set in the charter. The death of some of the partners does not affect it.


4. Actions transferable: can continually change ownership without affecting the society. Name: the name may include one or more persons of visible existence with the addition of a corporation but is prohibited from using "official national."
Legal Personality: being a separate legal entity from its owners may acquire rights and obligations. Separation of ownership and management functions: in these companies there is a "passive ownership" of those who put the capital and active.





Shares Shares are equity investments, which means that by buying shares in a corporation you become shareholder and is actually a part owner of the corporation. Of course, participation in equity, or ownership in a corporation that can issue millions of shares is much smaller than the equity, or real value, which owns real property she bought. What is similar is that you own something that can sell or hold, as desired.



There are two main reasons to buy stocks: 1.You



expects the share price increase so that by selling their shares in the future to achieve a profit 2.You
expected income generating activities in the form of dividends


Share Classes



Ordinary: are actions that have no advantages or disadvantages, or special privileges, they are often called common .-



Privileged: granted their holders the right to recover their values \u200b\u200bin case of liquidation of the company in priority to other shareholders. -



Deferred: these are right or dividends, dividends on ordinary shares. - Vote plural: each ordinary share is entitled to one vote, but there may be actions of up to 5 votes per share ordinary. -



Preferred: are the same as above but grant the privilege on which the company distributes dividends annually.



Scriptural: titles not represented in it are in accounts in the names of the owners in a record called "book entry shares."
Endorsed: those that require only the endorsement of the film by the landlord and must enroll in the share registration book .-



bearer are those which can be transferred by mere delivery of the title.
requirements must contain the action:





In accordance with art. 293 of the Commercial Code, the title of the regulations or bearer shares must contain: - The company name, address, place where they are registered statutes stating the date and registration number.


Go ntajas companies:

• is a commercial entity with legal personality.



• is the most common form of association for trade.



• The company has a legal personality distinct from the partners



• Separate personal property assets of the company.



• partners are liable for their contribution only (no third party liability).
  

Disadvantages:

• The non-profit partners until they declare dividends.



• Taxes.



• organizational expenses.



• government regulations.

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Contrato de Arrendamiento y Leasing

LEASE AND LEASING.

The lease is a contract whereby as one of the contracting parties undertakes to enjoy the other of a movable or immovable, for some time and through a fixed price that is obligated to pay that.

Obigo AND RIGHTS OF LANDLORD:

The landlord is obliged by the nature of the contract and without special agreement.

to give the lessee the leased property.

to keep in a state to serve the purpose for which it is leased.

TENANT RIGHTS AND OBLIGATIONS:
The tenant has two main obligations:

must use the leased thing as a good parent, and for the use specified in the contract, or lack of convention, that that can be assumed, according to circumstances.

pension must pay the lease on agreed terms. (Art. 1592 CCV)


CAUSES OF LEASE TERM:

LANDLORD MAY REQUIRE THE TERM OF THE CONTRACT.

For non-payment of the agreed amount for rent.

For the thing used in contravention of the Agreed Usage.

For serious damage to the leased item attributable to the tenant.

TENANT MAY REQUIRE THE TERM OF THE CONTRACT.

landlord for violating the obligation to deliver the leased property in good condition.

For total or partial loss of the thing leased.

for the existence of defects in the leased hidden.

Financera LEASING OR LEASE.

is a contract whereby the lessee agrees to pay certain amounts to the landlord. The latter is committed to make the provisions of the tenant of a material according to the directions and wishes. Payments whose amount has been the subject of an agreement, are staggered in an agreed period, which is the economic life of the well also the option to purchase the material must be given to the tenant, after this period.

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Contratos de Sociedades

COMPANY CONTRACTS.

The company is an entity created voluntarily by stakeholders in order to pursue a common goal and get some kind of profit.

types of society:

• CA


SRL Company

• partnerships.


• Consortium. Accounts


• participation.


• Partnerships of

According the Civil Code of Venezuela in their art. 1649 "The social contract is one in which two or more persons agree to contribute each with the ownership or use of things or with their own industry to the realization of a common economic purpose."

ELEMENTS OF PARTNERSHIP AGREEMENT.

consent of the parties. Contributions
.
law to divide the profits Revenga of the operations of society.

OBJECT OF THE CONTRACT OF COMPANY .

"The contract must be possible, lawful or determinable, from which arises the idea of \u200b\u200bconsidering the purpose of the partnership agreement as the end of it.

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Contrato de Servicio

SERVICE CONTRACT.

The contract is an agreement between two or more persons to constitute rules transmit, modify them or to distinguish between a legal bond. ( Section 1133 of Civil Code).

TRADE AGREEMENT.

obligation shall be valid and produce and action in court, commercial contracts, whatever the form and language in the conclusion, the type and amount aimed so that its existence is established by one of the means that civil law has established.

CHARACTERISTICS OF COMMERCIAL CONTRACTS:

• is a legal instrument.



• is regulated by the code civil and commercial code.



• have freedom of form, although the state requires to perform many operations under a rigidly predetermined, with the intent to protect general public interest.



• must express the day, month and year

ESSENTIAL ELEMENTS.

are the ones who should have any legal proceeding to contract, so that the absence of these elements prevents any contract.

These elements are:
consent.
object.

ELEMENTS OF VALIDITY OF AGREEMENT.

The contract should have these elements not be rendered void, so that failure of one of these causes it concerned is deprived of legal effects.

These elements are: Capacity

No vices of consent:
"The intent.
-error.

SERVICES CONTRACT.

is a contract whereby a person puts its business and professional talents in the service of another person for a fixed or indeterminate.

FEATURES SERVICE CONTRACT.

can sign the contract:
over 18 years.
under 18 legally emancipated.

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Contrato de Transporte

TRANSPORT AGREEMENT.

Transportation is moving in space from one place to another.

There

the carriage of goods and people.

The first is to transfer the material things space.

The second is to moving people from one place to another.

Within the contract of carriage involved: a carrier or carrier, a subject or object carried, price, place of employment, among others. By

consignment takes the legal implementation of the contract.
The main obligations of the carrier are:

a) of performing the contract in the manner and terms that have planned or otherwise, executed according to law or practice.
b) The receiving things on consignment to be transported.
c) Deliver things in their place of employment.

The contract must be based or implemented over the contractual agreements.
The carrier must keep the thing from the time of delivery of the consignment to the recipient.

From the moment that the sender delivers the goods to the carrier, this is personally liable, as well as the facts of your dependents.

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Bolsa de Valores

STOCK EXCHANGE.
is where are performed simultaneously, multiple transactions indirectly beams meet intermediaries "brokers"

BROKERS:
are agents or brokers, brokerage firms and securities houses stock, according to the denomination who are in the laws of each country, who do their work in exchange for a commission.

LEGAL:
is governed by capital markets law in our country and also by the commercial code.

Under the first law, is required to take the form of stock corporation (CA) as an institution open to the public.

FUNCTIONS OF THE STOCK MARKET: ECONOMIC
:
Provides financial information on companies, sets the value of the shares and the price of money allocated through the price of the securities and fixed income. -Drive
private savings to companies that issue securities to raise funds.
, provides liquidity to investors in securities.

SOCIAL:
is one of the most important instruments in the process of diffusion of stock ownership called "democratization of capital."
democratization is achieved through the strengthening of economic freedom, privatization of business incentives and confidence for the public to put part of their savings in business.

LEGAL:
A stock exchanges traditionally they have been assigned the functions of determining the contributions, establish a system of recruitment market and regulate the activity of brokers.


CAPITAL MARKET LAW:
is that regulating the public offering of securities, whatever they may be, established for this purpose the principles of organization and operation, the rules governing the activities of those individuals and entities involved in them and its control system.

MEMBERS: Section 89
capital market law.
"Just be a member of a stock exchange those people who meet the following requirements:
who are authorized to carry on the business of public securities brokers by the National Securities Commission. That
give collateral or personal satisfaction board of the stock market, up to the amount specified by the Rules of Procedure, not less than fifty thousand tax units (50,000).

OBLIGATIONS OF MEMBERS : Comply
inside the bag, axial and observe the traditions and customs in force in the stock market respectively.
allow inspection of its books by the officials of the National Securities Commission.
Submit semiannually to the National Securities Commission and the boards of stock exchanges, the statement and change their financial situation.

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FACTORES Y DEPENDIENTES DEL COMERCIO.

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Derecho Mercantil

Derecho mercantil

Se entiende por commercial law as a set of rules governing the various acts of commerce or not supported by the Commercial Code, in order that these be implemented legally. Features



* Universality * The customary nature
* The speed

* Security * Credits * Rating
equity

is worth mentioning that trade law is related to other branches such as:


* Administrative Law * The Financial and Fiscal Law
* Procedural Law

* Criminal law * agricultural law
* Labour Law * The Taxation


Commerce Act

is the one made by the interpocisión or production in exchange for goods or services, determining the circulation of wealth and generally occur with this activity and speculation himself and those that arise from that activity. (Saul Barboza 1998) Classification



* Trade Acts in an absolute sense, its commercial nature is understood to act.
* Trade Acts in a relative sense: this type of event serves three purposes:

* A intention of the parties, eg the purchase, exchange or lease of tangible assets (furniture) made in order to resell, lease or sublease in the same way or another.
* A cause that determines, for example, the commission and the commercial mandate
* Considering the subject, that gives it the commercial


Merchants:

is the natural person or legal person devoted to trade normally. In commercial law refers to his subject matter subjective, ie people coming under regulation.
There are two types of traders:
* The casual trader: trading accidentally subject
* The merchant usual: the same trader

Capacity:

Anyone can be a trader except as provided in the Commercial Code

The state can not take quality of trade. Subject to commercial laws. Minors
may engage in business with prior approval, unless the child who marries.
A married woman may carry on trade separately from the husband.