The Exercise Capacity of Enterprise
Author: Engy
The ability to act is a necessary element for the pursuit of business.
There are categories of subjects, however, which is barred or subject to certain regulations, operation of business.
There is, in fact, incompatible with the holding company for certain professions such as civilian employees of the state, notaries, lawyers, which if engaged in business activities are subject to administrative sanctions in case of aggravated criminal Article bankruptcy. 219 L. bankruptcy.
Then there is the case of the inability of the taxable year of business in case of incapacity art. 320 cc c5 states that the exercise of a commercial enterprise (2195) can not be continued, except with the authorization of the court on the advice of court protection. These may allow the temporary operations company ‘s, until the court has ruled on the instance (2198);
* To incapable, emancipated minors and incapacitated, which can only continue but can not start work ‘s business
However, the exercise of a ‘commercial enterprise must always be, in the cases mentioned above, authorized by the court on the advice of the judge the exception to these emancipated minor who sought the’ early exercise of the capacity to act in 16 years.
All procedures for authorization of continuation or withdrawal required to be entered in the register of companies as provided in Art. 2198 Minor banned and disabled.
The measures for the authorization to a commercial enterprise by an emancipated minor (397) or disabled (425, att. 199) or in the interest of an emancipated minor (320, 371) or a interdict (424) and measures with which the license is revoked shall be informed without delay by the Registrar’s office RI for registration (Liqu. 100).
The main difference between incompetent and incapable is part of the first acts that are made by legal representatives (parents, guardians) on behalf and on behalf of the former, while partially unable to perform their own shops but under supervision of curators.
The assets of the incapable is inspected to make this automatic acts of ordinary administration for the attorneys to preserve and enrich the heritage, and acts of extraordinary administration must be approved by a court at a time, this also applies to the limited incapable.
This discipline, however, seems to avoid any risk that the assets, which is inconsistent with the terms of a business, is also very difficult to distinguish between acts of ordinary administration of those extraordinary, especially the speed with which the traveling entrepreneurial business.
We said that the rule prohibiting the beginning of a new activity for these subjects unless the emancipated minor, in relation to ‘agricultural enterprise, analyzing a time we have:
* The child in any case you can start a new business in the name and interests of the child, when this in various ways, purchasing the company ownership, operation will be performed by the parent Article. Article 320 or guardians. 370, always with the authorization of the court. Been authorized representative will act and all acts of the local shops will require authorization only for those acts not in harmony with the conduct of the company (real estate sales. …).
* Banned applies the same discipline the child, authorize the continuation of exercise can also apply to commercial enterprise Interdict that the first act that the judge
* Is a disabled person whose capacity to act is limited to acts of ordinary administration. His position for the year business is considered as equivalent to that inability, even if acting independently but with the approval of the liquidator. The acts of extraordinary administration must be taken in consultation with the administrator, and sometimes the court may grant to the file after the appointment of a proprietor chosen by the disabled
* Minor emancipated art. 397 provides for the minor emancipated also the beginning of business activities, provided prior approval of the court. With the permission of the child has full capacity to act without the assistance of the curator, may also perform acts that go beyond the ordinary amm.ne
The emancipated minor may be relieved by the failure which according to Art. 227 L.fall. is dropped even if the representative entrepreneur, leveraging the full discretion of this position within the company.
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