From a typological point of view, sole proprietorship is the most flexible tool for starting a business in the country, it does not require too many formalities, it has simple accounting, it does not require budgeting. Instead, capital-based structures involve the usual limitation of liability, which depends, for example, on the creation of a joint stock company). Among personal companies, we can mention the general partnership. These flexible structures do not require large investments, and legal formalities are minimized, even if they involve more extensive responsibility for the assets for shareholders.
Other provisions to be observed relate to public safety, the environment, construction, patents, trademarks and trade names. We need the approval of the Ministry of Economy and a building permit for the construction of new buildings. On the other hand, the merger committee should approve the merger project and warn unions in case of employment problems for workers.
In the event of a merger, a notice must be published to the shareholders, which, inter alia, indicates: the name that it intends to disclose; price of shares to be recovered and relevant conditions; reason for the offer; Information requested by the Association of Exchange Agents; declaration of compliance with the standards for protecting the interests of workers. If the offer is related to the issue of shares by the acquiring company, the aforementioned notice should also contain guidance on the share capital and the results of the company’s latest financial statements.
Legal formalities for creating a company. The organization and liquidation of Civil Code companies requires that: “the financial statements must be prepared in accordance with generally accepted accounting principles and should contain sufficient information to provide a reliable picture of the equity and financial position of the company and to the extent that this is permitted by the nature of the balance sheet, its solvency and liquidity. “
There is freedom of form regarding books and the classification of accounts to be kept. (Joint-stock company), (Limited liability company), banks and insurance companies must adopt the Annual Report, Management Trends Report (Annual Report) and prepare notes to the financial statements. The accounting rules provide for the following basic rules: the balance sheet and the profit and loss statement must comply with formal drawing up criteria; participation is such if it consists of a share equal to or exceeding 20% of the capital of another company, even in partnerships; consolidation of subsidiaries is mandatory; unallocated legal and regulatory reserves must be declared; Valuation of assets is allowed both at current costs and at acquisition cost; net revenue should be divided by activity and geographic area; remuneration, advances and loans granted to directors and auditors must be announced.
Legal formalities for creating a company. With no bodies or partners, the formalities for creating a company are especially streamlined. The company, as a rule, is confused with the owner (liability for obligations is unlimited for an entrepreneur who will also respond with his personal assets), just like in Italian law.
To create a separate company does not require any other written formalities, except for registration in the business register, assignment of VAT and any other permits or licenses required by law on the basis of the activities. The entrepreneur is also subject to VAT, declares and pays tax every 3 months. Assets that can be used. The business object for the company is usually commercial. There are no restrictions for carrying out activities in various sectors, if you have the necessary diplomas and craft licenses.
The legal requirement for creating a vennootschap onder signature is that there are 2 or more shareholders. A full partnership does not require a certain minimum initial capital, and the obligations of members are solidarity. In the end, diplomas and special licenses are required for the chosen sector of activity as a corporate goal. A signature may be implicitly written and, theoretically, it will not require a written memorandum. In practice, an act is required as evidence of agreements concluded between shareholders, so shareholders begin to draw up a company contract in the form of a certified private act or a simple private act. This entry must be entered in the business register.