Sociedad limitada laboral subvenciones

Sociedad limitada laboral subvenciones

Limited liability companies law

Law 4/1997, of March 24, 1997, on labor companies, introduced an important advance in its regulation and allowed a great development of this corporate formula, as can be seen in view of the creation of numerous companies and jobs that have been generated under the protection of this law. However, given the time that has elapsed since its enactment, the need to update its regulatory framework is becoming evident in order to give new impetus to worker owned companies due to the fact that they are companies in which the worker partners have an interest and which are open to the integration of the other workers in the company as partners.

Worker owned companies are capital companies due to their form and therefore the rules relating to corporations and limited liability companies are applicable to them. Since the approval of the Labor Companies Law of 1997, numerous legislative reforms have affected this sector, among others: Law 22/2003, of July 9, 2003, on insolvency; Law 2/2007, of March 15, 2007, on professional companies; Law 3/2009, of April 3, 2009, on structural modifications of mercantile companies, or the revised text of the Capital Companies Law, approved by Royal Legislative Decree 1/2010, of July 2, 2010.

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Law 18 1982

Labor Companies are corporations or limited liability companies in which the majority of the capital stock is owned by the workers who render personally and directly paid services in them, whose employment relationship is for an indefinite period of time.

The minimum capital stock is €60,000 in the case of a Sociedad Anónima Laboral, which must be fully subscribed and at least 25% paid up at the time of incorporation, and €3,000 in the case of a Sociedad Limitada Laboral, which must be fully subscribed and paid up.

The shares and participations will be divided into two classes: those owned by the workers, whose employment relationship is for an indefinite period of time, will be called “labor class”, and the remaining ones, “general class”. The creation of shares or holdings without voting rights will not be valid.

The companies that are classified as labor companies will enjoy, in the Tax on Property Transfer and Documented Legal Acts, a 99% reduction of the quotas that are accrued by means of onerous property transfers, for the acquisition, by any means admitted in Law, of goods and rights coming from the company from which the majority of the worker shareholders of the labor company come from.

Capital companies law

The capital stock will be divided into registered shares or participations. The shares and holdings will be divided into two classes: those owned by employees, whose employment relationship is for an indefinite period of time, will be called “labor class”, and the remaining shares will be called “general class”. The creation of “labor class” shares without voting rights will not be valid.

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60,000, and at the time of incorporation at least 25% of each share must be fully subscribed and paid up. 3,000, and must be fully subscribed and paid up.

The Administrative Registry of Labor Companies operates under the General Directorate of Self-Employment, Social Economy and Corporate Social Responsibility (attached to the Ministry of Labor and Social Economy) or the competent body of the Autonomous Communities that have received the corresponding transfer of functions and services.

Labor company examples

Law 4/1997, of March 24, 1997, on labor companies, introduced a significant advance in its regulation and allowed a great development of this corporate formula, as can be seen in view of the creation of numerous companies and jobs that have been generated under the protection of this law. However, given the time that has elapsed since its enactment, the need to update its regulatory framework is becoming evident in order to give new impetus to worker owned companies due to the fact that they are companies in which the worker partners have an interest and which are open to the integration of the other workers in the company as partners.

Worker owned companies are capital companies due to their form and therefore the rules relating to corporations and limited liability companies are applicable to them. Since the approval of the Labor Companies Law of 1997, numerous legislative reforms have affected this sector, among others: Law 22/2003, of July 9, 2003, on insolvency; Law 2/2007, of March 15, 2007, on professional companies; Law 3/2009, of April 3, 2009, on structural modifications of mercantile companies, or the revised text of the Capital Companies Law, approved by Royal Legislative Decree 1/2010, of July 2, 2010.

porErnesto Villalba Gutiérrez

Ernesto Villalba Gutiérrez, asesor financiero.