La simplificación de trámites en la constitución de sociedades de capitalel modelo de la sociedad exprés

Zusammenfassung

This study focuses on the proposals and perspectives of a simplifying nature in current corporate law, focusing on the current state of the matter regarding the Spanish company law. The current simplification at the specific moment of the constitution of the company is also addressed, both in the Spanish sphere, and in that of comparative law. In this line, the presence of models and standardized documentation forms is stood out, as well as the important issue of telematic processing, due to the practical importance it owns for the subject. With regard to the simplifying current stream in the Spanish system, we highlight the express society's model. It is shown as a consequence of the evolution that corporate simplification has experienced in our country up to this day and that must encompass the different particular forms of the capitalist societies. It starts from what is applicable to the SRL, but introducing the beginning of the path in this regard also for the SA. According to the issue in comparative law, the European Union has been witnessed a series of simplifying backgrounds, amongst the ones it could be highlighted the SAE, the SPE and the SUP. They are an innovative example of regulation in this regard in the Community legal framework, the Recent Directive (EU) 2019/1151 of the European Parliament and of the Council, concerning the use of digital tools and processes in the field of company law. With regard to the American perspectives on the simplification of the corporate constitution, the United States holds its historical commitment to flexibility and contractual freedom, while South America, led by Colombia, has recently been placed at the forefront of the modernization of corporate law. Finally, the simplification and flexibility of the constitution of capitalist societies is focused while standing on the promotion of entrepreneurship, displaying the range of proposals that can be applied in the future of the matter at hand. Objectives of the thesis - Abridge the simplifying development of the process in the constitution of the capitalist society which is in the Spanish and comparative regulation. - Present the specificity and viability of the Express Society model for the current corporate law. - To propose simplifying proposals for the promotion of the corporate constitution and the generation of employment. Methodology Regarding the material used, the different legal sources have been used in relation to the issue, with commercial doctrine, legislation and jurisprudence, as well as Resolutions of the General Directorate of Registries and Notaries. Regarding the methodology used, it falls on the investigation about the question of the simplification of procedures in the corporate constitution in Spanish and comparative law, specified in the Express Society model. Conclusions By applying the future measures proposed in this work, together with the systems that have proven results in the comparative panorama, we can achieve a real simplification in the constitutive process of the capital company, which is based on the Spanish system. It also serves as an example for the rest of the EU and international regulation, and whose starting point may be the model of express society, as the beginning of the broad future path towards a full modernization of company law.