Saiba a diferença e a importância de cada um!
O Contrato Social é documento público registrado na Junta Comercial para constituição da empresa.
No Contrato Social, por ser documento público por vezes as empresas preferem estipular apenas condições essenciais e obrigatórias previstas na lei para registro do documento, tais como quem são os sócios e administrador, tipo societário, atividades desenvolvidas e demais itens do artigo 997 do Código Civil.
Para garantir privacidade nas condições negociadas entre os sócios, as demais particularidades do negócio são reguladas pelo Acordo de Sócios, tais como funções específicas, o que caracteriza justa causa para exclusão do sócio, apuração de haveres etc.
O Acordo de Sócios é tão importante quanto o Contrato Social, pois regula antecipadamente a relação entre as partes evitando conflitos, que sem o Acordo de Sócios acaba por vezes no judiciário, ficando as Partes à mercê da decisão do juiz que não participou das negociações e não acompanhou as particularidades do negócio.
#contratosocial #acordodesocios #direitoempresarial #empresarial #contratos
77 respostas
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