Sociedad privada europea. Notas para la caracterización de una nueva forma de sociedad

Abstract

The European Advice, on June 25, 2008, presented before the Commission the Offer of Regulation of Statute of the Private European Company (Societas Privata Europaea) (SPE). This new form of European company (that will be added to the AEIE, the SAE and the SCE in the process of formation of an own European Law of Companies) is born with the explicit intention of facilitating the activity of the Pyme's on the only European market, Pyme's that, according to the Explanation that precedes the Offer SPE, represent 99 % of the existing companies in the European Union. In the present article there are analyzed the fundamental elements that provide the characterization of this new social form in project. Between them is outlined his contractual and customizable stamp in fullly adaptable all that to the needs of organization claimed by the partners. The very relative importance of the share capital is studied as element of organization of the same one and his substitution by statutory agreements and by alternative systems of patrimonial guarantee to his function of guarantee. The aspects of the organic structure of the SPE are exposed likewise from the prism of his maximum simplification up to the point of which there is done of the general meeting of partners an organ of optional character. The juridical position of the partner is, likewise, I object of an own treatment of the association contractualismo, so that the configuration of the same one, though targeted, she remains almost completely determined for the social agreements freely established in the matter.