Saturday, August 4, 2012

Introduction To Business Law


Summary: 1. Company .- 2. Enterprise Fund .- 3. Forms of business .- 4. Importance of the company .- 5. Disincentives to the formation of companies under a type of legal entity .- 6. Economic growth and business .- 7. Companies and branches .- 8. Minutes and companies .- 9. Deed and companies .- 10. Registration of companies in public records .- 11. Registration of companies in the sunat .- 12. Registration of trademarks, patents, copyrights and other physical and intangible assets .- 13. Business Law .- 14. Commercial Law .- 15. Branches of commercial law .- 16. Multidimensional theory of law and business law .- 17. Securities and corporate law .- 18. Importance of corporate law .- 19. Importance of business .- 20. Corporate Law .- 21. Corporate and business law .- 22. Who should control the right of the company .- 23. Managers and administrators .- 24. Market .- 25. Classes or types of markets .- 26. 27 .- Distribution Channels. Marketing .- 28. Market Research .- 29. Total quality .- 30. Reengineering .- 31. Difference between reengineering and total quality .- 32. Dissolution of companies .- 33. Settlement .- 34. 35 .- Extinction. The death of the company .- 36. The birth of corporate law .- 37. The death of corporate law .- 1. COMPANY 2. It is the Enterprise Fund headquarters to discuss an important issue as is the enterprise fund, which is an issue of vital importance in the business law, corporate law and commercial law within.

The enterprise fund is the set of goods by the company and some jurists is the same as the company, while for others the enterprise fund is a part of the company. This issue is not widespread in the Peruvian law, so to know in depth we must turn to foreign law. There are several systems in the enterprise fund, for which we must record that includes the local system is a property, while another system does not include the same, which is very important when studying this topic, which corresponds to the right of the company or business law or business law. On this subject there are few publications in the Peruvian law, because this issue was introduced in the Peruvian law by the draft law under Peruvian business some years ago, which never took effect, by which to study this issue in Peruvian law we must resort to this bill. The great advantage of this bill is that it could provide mortgage on goodwill, however, not being in force can not be applied, but with the entry into force of the Peruvian Law on Secured Transactions 2006 has been solved the problem, and it has been overcome because it is applicable not only to companies but to all economic agents, ie, the bill had the disadvantage that applies only to companies, so when it is clear that legislation should be carefully and in any case this gestation process standards must be properly instructed lawyers advised by lawyers that is, it is likely that the bill in question was written by people who were not lawyers, which had reason serious implementation problems, thus we can say that the law of security interest has a best writing, however, has some merit legislative defects be corrected to improve such regulation.

3. BUSINESS FORMS When studying corporate law should explore ways by which companies examine this issue below and thus have extensive knowledge about the company, which is a vital issue within the right of the company. The forms of companies are corporations, limited liability individual enterprises, cooperatives, individual entrepreneurs, among others, making it clear that it constitutes only one type of classification, there being other according to different criteria such as size, area, tenure or branches, among others, so clear that this issue is fairly large, which provided only a few strokes. All this to be pan focus on this issue. When businesses are sole proprietorships or partnerships or limited liability cooperatives and are registered in public records is clear that they are also legal entities, ie, some companies have legal and some not 4. IMPORTANCE OF THE COMPANY We can not ignore in the present study the importance of headquarters company, which will have broader knowledge of the matter known as the company. It is quite important in the development of peoples, so the state must encourage entrepreneurship in this sense a greater amount or number of businesses and large corporations mostly higher economic growth.

5. Disincentives TO THE CONSTITUTION OF COMPANIES UNDER A LEGAL PERSON TYPE Given that legal persons are taxed more than the individuals is clear that the Peruvian state discourages the formation of companies under the types of legal entities. The disincentives are legal or extra-legal measures that aims to eliminate or reduce the frequency of a particular activity or behavior, which in this venue we have referred to this important subject that is studied by the economic analysis of law, which for some authors is a research method and other is a method of interpretation. The record that the methodologists studying these issues, some of which are the same and for others they are separate issues, in this sense is not an issue peaceful doctrine. 6. ECONOMIC GROWTH AND BUSINESS Given that the right is related to the economy at this venue must study economic growth related to companies to have or obtain financial or economic approaches. Companies make more economic growth there is in different states, which may place their goods and services in domestic markets, external and international, making it clear that state boundaries are no obstacle to the movement of such , and in some cases there are branches in other states such as a company resident in USA may validly have branches in Japan, Spain, Peru, Australia, Belgium, Chica, Costa Rica, Venezuela, Colombia, Ecuador, among others states, making it clear that if an employer does not dominate the establishment of branches is very likely to be a strong impediment to business growth, noting that not only legal persons can have branches but also natural persons, making it clear that the economic growth achieved by the companies is very important for the development of states.

7. COMPANIES AND SUBSIDIARIES In some cases companies have branches that are attached to undertakings establishments, so this site can not ignore this issue. When the company runs public records registered in the establishment of the branch also fits in it, and it is clear that it must be made known to the National Superintendency of Tax Administration approval for the issuance of vouchers from the branch or branches, because branches have another series in the payment vouchers and in any case be taxed at the headquarters of the principal and not at the headquarters of the branch, however, in the case of branches of companies domiciled abroad headquarters taxed at home and the branch or branches are taxed at his home in the branch. For example, if the headquarters is located in Spain and branches in South America is clear that sales in Spain were taxed in this state and sales in South America is taxed in the latter, making it clear that in this latter case take several accounts, one for each branch and one by the principal or headquarters.

8. MINUTES AND COMPANIES For some companies it is necessary to be a lawyer draft a bill like the statutes which must be written together with the partners of the company, which govern the life of the company and avoid any legal uncertainty, ie , there will be predictability. 9. When BUSINESS WRITING AND PUBLIC constitute in some cases companies must hire a notary to raise public write the minutes. Which testimony and parts are taken as notary notary ballots for purposes of registration in public registers. 10. REGISTRATION OF COMPANIES PUBLIC RECORDS Some companies are part of public records to which case of legal entities must present original notarial parts because the part is a copy, which is a copy of the backup copy to be eligible title and if it is positive proceed to the registration thereof. Once registered, the company can apply verbatim copies and other publicity in the registry office in which the company recorded runs. 11. REGISTRATION OF COMPANIES IN THE SUNAT When it comes to law firms be registered in the registry offices after enrollment in them must register as single taxpayers.

However, when it comes to natural persons must also enroll in the administrative record. 12. REGISTRATION OF TRADEMARKS, PATENTS, COPYRIGHTS AND OTHER physical and intangible assets marks, patents, copyrights and other intangibles are part INDECOPI intangible assets which constitute the record that goods are classified into tangible and intangible, being the first and real estate. 13. RIGHT OF THE COMPANY The company law or corporate law or business law is the law applicable to the company, ie, is the branch of law that regulates and examines the company as chief financial officer and has appeared on the right Peru only a few years, appears later in this sense that the commercial law, and this is part or is a branch of business law. Another definition of business law can be which is the set of sources of law applicable to the company and should encourage more private investment for economic growth in the market to which it applies, ie the right of the company may apply internal markets, external and international.

14. COMMERCIAL LAW Commercial law is the branch of private law, business and corporate studies and regulates the retailer or merchant, so it is clear that as corporate law is a branch of law and independent legal discipline because it has its own rules and the Commercial Code, general corporate law, securities law, stock exchange law, general law of the bankruptcy system, among others, because there are chairs of commercial law, commercial law books, court decisions and administrative provisions to this branch of law, ie, it is necessary to note that commercial law is very important within the business law and in any case it is clear that when we study studied commercial law or part of the right branch of the company. 15. BRANCHES OF COMMERCIAL LAW Commercial law is formed by several branches of law from which we quote the company law or corporate law, cartular, exchange, bankruptcy, securities, telecommunications, communications, banking, industrial, trademark, industrial property right author, maritime, aeronautical, international trade, among others, that is, they are not all branches of commercial law, however, cite to take account of and publicize the importance of this branch of law, which taught in universities and other research centers.

16. MULTIDIMENSIONAL THEORY OF LAW AND CORPORATE LAW multidimensional theory of law provides that the right is made up of many elements, making it clear which are the latest novelty in philosophy of law, and may be applicable to business law, in this regard to understand this is necessary to understand this theory we studied in this seat, that is, this theory than the theory octodimensional the right, three-dimensional theory of law, normativist theory of law, egological theory, pure theory of law, and other , so if you do not know the multidimensional theory of law can not understand the right of the company. 17. SECURITIES AND BUSINESS LAW The values ​​are those that inspire the right of a state and are the order, freedom, security, among others, that is, these are not all the values, but the quote to get an idea of ​​them and all without knowing if it is clear that the same can not know the right of the company. These issues are not well known among lawyers but well known by lawyers, in this sense that we should record a vital issue within the right of the company.

18. The Importance of corporate law business law is very important in the development of the people because it encourages economic growth, so without the existence of the first seconds would be lower, in that sense we should be glad of the existence of business law. Which encourage the creation of new jobs, so it is important to the economy in an increasingly competitive market. 19. Importance of business enterprises are economic agents who every day are becoming more important in the development of peoples, so the state should promote the creation of the same, ie, all states should start-ups, because they increase the creation of new jobs. The company is the principal trader of the company law, for which the state must provide the respective facilities, most suitable for growth not just in some sectors, but in all, not only in the national or domestic market but all markets. Today the building department has grown significantly thanks to credit my home, especially in Lima, making it clear that it is a great opportunity for investors wishing to invest their money in the Peruvian territory and thanks to this investment income in tax matters has grown in the Peruvian law as jobs, however, has warned that it finances only to a certain amount, so it is clear that the same should be increased so that the `program to reach all Peruvian state residents, not just some, of the Peruvian Constitution establishes the equality of persons before the law, making it clear that the program is discriminatory, ie not taken due care when approve or rule governing it has not been drafted by lawyers who are most qualified professionals to draft rules, but by others outside the law.

As such liability is incurred, so that the appropriate sanction warranted by the relevant body according to the principles of sanctioning, which is little known in the Peruvian law and in any case it confused with criminal law. That is, we can not ignore the importance of the company in an increasingly competitive market, it deserves proper regulation to encourage economic growth of the Peruvian state. This happens in every state, so to improve economic growth in all states to approve a program my home, but must be complemented with asset securitization or securitization or titling of assets, making it clear that the securities law is very important in developing nations, however, Peruvian law does not state that made use of modern contract or business which hampers the development of the Peruvian people and in any case it is clear that incurred in civil, criminal, administrative and political. 20. CORPORATE The Corporate Law also deserves to be studied in this venue, so then study this branch of law.

Corporate law is the branch of law that regulates studies and large enterprises in this regard is very important when the amount invested is considerable, but neglects the micro, small and medium enterprises, which is suitable for our purposes distinguish the right of the company. 21. CORPORATE AND BUSINESS LAW It is the headquarters for differentiating the right corporate law company, so we can say that the first part of the second, ie, corporate law is broader than corporate law. The business law applies to all firms, while corporate law applies only to large companies, ie, it is clear that these are two different branches of law. 22. WHO SHOULD DOMINATE THE COMPANY LAW People who should control the right of the company are: managers, professionals, students and managers and directors of companies which will allow greater economic growth. That is, if any of these operators does not dominate corporate law or business law firm can not grow as expected. For example it is necessary to understand the funding mechanisms, locations, types of businesses, corporations, securities, negotiable instruments, exports, imports, employment contracts, drafts of the company, trade name, securities, criminal law offenses Company , among others.

23. All managers and administrators dedicated to the corporate lawyer and business activity must meet the terms manager and director so then study them to have solid knowledge of business law. Managers and directors of companies are business managers, making it clear that corporate law must master to be competitive in the market, in this sense do not know if it can not hope to be competitive in the market, where supply meets demand. Therefore validate these should study business law which will help us understand and master the same by managers and company directors. 24. MARKET The market is where supply meets the demand, making it clear that it must be studied within the right of the company, in this sense we study the same. This topic has received little research into the law and is most studied in the economy, however, every lawyer must know the same to have solid knowledge of economics and thus be more prepared in an increasingly competitive market for lawyers dedicated to corporate and business activity.

That is, the market is where they meet with buyers and sellers conduct purchases or exchanges, among other types of contracts such as lease, making it clear that the market not only purchases are made, but all types of contracts that are just all kinds of guarantees. 25. MARKET CLASSES markets are diverse, making it clear that markets can be local, district, provincial, regional, national, continental, international and foreign, among other markets, ie, there are several classifications of markets, so we need to acknowledge that the market refers only to exchange transactions via purchase but all operations via different contracts, and through guarantees, making it clear that we can talk about national vehicle market new international bond market, market department and rental car departments, ie the range of possibilities increases greatly as we study this issue, in this sense we can say that you can write much about it. 26. DISTRIBUTION CHANNELS Distribution channels is a very important issue within the company, so it is clear that every entrepreneur, director, manager, and others must know them in order to place the good or service in the most appropriate and effective in more places within or outside the state, that is not always the product is placed in national markets, but other opportunities are placed the same in other markets.

For example you can not only place the product on the Peruvian market, but also in other markets such as the Spanish market, American, Brazilian, Costa Rican, Bolivian, Venezuelan, Hungarian, Australian, Ecuadorian, Argentinean, German, Italian, French, among others markets, ie, if a corporation does not know it is clear that markets will be very difficult which may include distribution channels, and even in many of these cases we are faced with import and export cases, branches, contracts, associations, corporations, among others . Distribution channels for books can be libraries, homes, supermarkets, offices, and workers contracted vendors, brokers, Internet (websites, emails, extranet, among other forms of electronic commerce via the Internet), among others, ie the good or service may be positioned best when there is a greater number of channels of distribution, referrals may be not only in the Peruvian territory, but also abroad, therefore, not only a city but also in departments, regions, continents, among others, making it clear that the possibility of increasing distribution channels as we study the subject, and in any case should be to cover as many markets, eg market district, provincial, departmental, national, international, foreign, continental, all through the channels of distribution, ie, it is known it is clear that the same is doomed to failure, because you only think of a distribution channel that will be local company and the best branches, which many are limited not only by factors of investment or money, but also by distance and competition factors, among others, so if two companies competing in one or more markets the company with best distribution channels will more placements in the same or the same and well directed, so if you do not have good distribution channels will be doomed to failure, however, not only is this in the company, but also pricing, product differentiation, law of the ladder, market segmentation, quality, productivity, training of employees and vendors are not always working, so it is clear that these are complex issues that must be entrusted to specialists in this sense the distribution channels although they are much importance is clearly not the only element or factor of the company, but are abundant, which must be mastered and known to those skilled in business law, in that sense the company exists as a hub in which business and concentrate different extraempresariales factors, such as customs, noting that it constitutes a source of law, although that is little known it is also true that it is not the only, making it clear that there are others such as social reality, doctrine, expression of will, among others, that is, these are not all the sources of law, but the quote for keep in mind that this topic is very important.

27. MARKETING Marketing is very useful in the company for which we must point out that the same for some is a science, for others it is an art and for others it is a discipline which seeks to make or conduct customer research and disseminate the good or service in different markets through the media, ie, using television, newspapers, magazines, brochures, pamphlets, brochures, pre-service, Internet, among others. The marketing is vital market research making it clear that before making the product or service produced must be made not to produce the first in vain, but it can only be done if the market studies showing positive results and non-negative, making it clear that it is difficult province to be brought to class masters and doctoral very wealthy, as the same are no such people in the capital but are concentrated in areas exclusive filing. It is necessary to state that market research should be conducted prior to production in vain not to produce, making it clear that if we apply the marketin or not we use it is clear that we can make investments that make a loss.

Making use of marketing segments the market and the good or service intended for one or more segments of the market, making it clear that it is very difficult to reach the entire market, ie the norm is to segment the market, so which is clear that if you do not have millions in losses can, in this sense that art should be entrusted to experts, noting that sometimes lawyers have marketing studies, but we have to acknowledge that marketing is a career professional, so it is clear that deserves a lot of knowledge and experience in this regard it is necessary for studies. 28. MARKET RESEARCH In marketing an issue of vital importance are market studies before producing them should be studied to determine which market sectors will be used for good or service in this regard may be that these studies yield positive results or negative results, so only the first case warrants the related investment. To perform a market study is needed surveys, interviews, observation, comparison, price policy with other similar products which share the market, or which are eliminated in the same, ie is not a step but a process , which should be entrusted to specialists who are the marketers, who in the best college must have on marketing, noting that in the Master of Business Law of the Universidad Nacional Mayor de San Marcos is taught marketing, with which it will have promotions or have people with art studies subject matter in this, as such lawyers were formed more competitive in a market increasingly demanding.

That is, these lawyers were better prepared in reference to marketing over other professionals, which we hope will provide expertise in such notions as making a market study in order to place a good or service in the market without problems competition, pricing, customers, competition, among other very important issues in marketing. 29. TOTAL QUALITY Total quality is to improve production while improving the company, but without moving the structures, which this theory applies to the most outstanding companies in which changes must consist only of tweaks, making it clear that deserves to account for this, ie not moving structures. The overall quality is not like reengineering, so then the latter will develop to keep up with the latest news from the right of the company. 30. REENGINEERING Reengineering seeks to improve the institutions in which modify the structures, which is clearly not the same as the overall quality, but oriented more far-reaching improvements thereby improving institutions may be public or private . That is, unlike the overall quality, so it is clear that deserves the relevant studies, in that sense we hope to conduct research on this important issue of business law.

This theory came to the Peruvian state for over ten years. 31. DIFFERENCE BETWEEN THE TOTAL QUALITY reengineering and re-engineering is different from the overall quality, so it is appropriate at this venue apart, in order to have sound knowledge on these important trends, which are important not only in business law, but in all branches of law and in all branches of human knowledge. Total quality and reengineering appeared first appeared later, and another difference is that the first is for makeup, while the second seeks to change the structures, making it clear that they are different, but both seek constant improvement the company, among others to which it applies the same, such implementation may be subject to public and private institutions, among others and thus can achieve constant improvements in whole or in part, making it clear that warrants related studies. 32.

33. 34. 35.

36. 37.

No comments:

Post a Comment