entrepreneur is defined as "one who exercises an economic activity professionally organized in order of production and exchange of goods and services."
(art.2082 cc).
entrepreneur can be either a natural person ( any living human being ) a legal person ( group of people or goods organized to pursue a purpose allowed by law and recognized by the State ) as well as partnerships, which are not legal entities but are treated as persons individuals.
cc If there is a definition of employer, however, there is instead the definition of enterprise, it can be inferred from the definition of entrepreneur: Enterprise
"activity organized by the entrepreneur and he carried on professionally end of production and exchange of goods or services. "
Characters entrepreneurial activity:
- economic that does not mean that it is based on criteria of economy, but "that produces new wealth" for the market (can not be regarded as economic, for example. the activities of study and research those sports and those of professionals);
this activity exposes the entrepreneur to the so-called business risk ie the risk of working without pay or even losing the capital invested;
- organized, which means that in order to operating out of the contractor uses the factors of production (goods, services, work) che deve saper organizzare (trasformare e scambiare) affinchè producano nuova ricchezza;
ciò avviene all’interno della sua azienda intesa come complesso di beni (locali, attrezzature, mobili, ecc.) organizzati dall’imprenditore per l’esercizio dell’impresa;
- professionale , significa che l’attività:
> viene svolta abitualmente (anche se può essere non continuativa: per es. il lavoro stagionale dell’albergatore nelle località di villeggiatura);
> non è necessariamente esclusiva (l’imprenditore può svolgere anche un secondo lavoro, per es. l’avvocato);
> for profit (however it is considered an entrepreneur who also works, eg., For social reasons not for profit but to achieve parity between income and expenditure;
- production and exchange of goods and services : The purpose of the entrepreneur is to produce and sell on the market;
- spend name: to be an entrepreneur he has to work in its own name: without this policy there is no entrepreneur.
The quality of the entrepreneur purchases automatically the mere fact of carrying out activities as indicated by art. 2082 cc [cf. above] does not require any other performance.
(art.2082 cc).
entrepreneur can be either a natural person ( any living human being ) a legal person ( group of people or goods organized to pursue a purpose allowed by law and recognized by the State ) as well as partnerships, which are not legal entities but are treated as persons individuals.
cc If there is a definition of employer, however, there is instead the definition of enterprise, it can be inferred from the definition of entrepreneur: Enterprise
"activity organized by the entrepreneur and he carried on professionally end of production and exchange of goods or services. "
Characters entrepreneurial activity:
- economic that does not mean that it is based on criteria of economy, but "that produces new wealth" for the market (can not be regarded as economic, for example. the activities of study and research those sports and those of professionals);
this activity exposes the entrepreneur to the so-called business risk ie the risk of working without pay or even losing the capital invested;
- organized, which means that in order to operating out of the contractor uses the factors of production (goods, services, work) che deve saper organizzare (trasformare e scambiare) affinchè producano nuova ricchezza;
ciò avviene all’interno della sua azienda intesa come complesso di beni (locali, attrezzature, mobili, ecc.) organizzati dall’imprenditore per l’esercizio dell’impresa;
- professionale , significa che l’attività:
> viene svolta abitualmente (anche se può essere non continuativa: per es. il lavoro stagionale dell’albergatore nelle località di villeggiatura);
> non è necessariamente esclusiva (l’imprenditore può svolgere anche un secondo lavoro, per es. l’avvocato);
> for profit (however it is considered an entrepreneur who also works, eg., For social reasons not for profit but to achieve parity between income and expenditure;
- production and exchange of goods and services : The purpose of the entrepreneur is to produce and sell on the market;
- spend name: to be an entrepreneur he has to work in its own name: without this policy there is no entrepreneur.
The quality of the entrepreneur purchases automatically the mere fact of carrying out activities as indicated by art. 2082 cc [cf. above] does not require any other performance.
The qualification is lost with the cessation of the activity.
Not everyone can become entrepreneurs, can not be:
- unable to absolute (and banned child);
- the disabled, who can only continue in the performance of the business, always with the authorization of the court;
- instead of the emancipated minor may be authorized:
> decided to conduct a business alone only for acts of ordinary administration and for the other acts must be assisted by a liquidator;
> to take over an already existing in this case can play ordinary and extraordinary administration.
Criteria for classifying enterprises
Three classification criteria:
quality, quantity, personnel .
Qualitative , is based on the nature of the business carried on distinguishing between agricultural and commercial enterprise.
quantity is based on the size of the company, and exerted no small distinction between
entrepreneur and small businessman.
Staff is based on the number of people taking the risk and manage the company and stands between entrepreneur and businessman collective or individual companies.
Not everyone can become entrepreneurs, can not be:
- unable to absolute (and banned child);
- the disabled, who can only continue in the performance of the business, always with the authorization of the court;
- instead of the emancipated minor may be authorized:
> decided to conduct a business alone only for acts of ordinary administration and for the other acts must be assisted by a liquidator;
> to take over an already existing in this case can play ordinary and extraordinary administration.
Criteria for classifying enterprises
Three classification criteria:
quality, quantity, personnel .
Qualitative , is based on the nature of the business carried on distinguishing between agricultural and commercial enterprise.
quantity is based on the size of the company, and exerted no small distinction between
entrepreneur and small businessman.
Staff is based on the number of people taking the risk and manage the company and stands between entrepreneur and businessman collective or individual companies.
There are different types of entrepreneur (now see) but the most important and that 's
trader
not exist in the definition of a trader cc: art. 2195, however, lists a number of commercial activities in question for which, by analogy, be considered a trader who plays one of those activities.
The activities listed in DC are:
- industrial production and the direct exchange of goods and services;
- intermediary activities in the movement of goods;
- transport activity by land, water, air,
- banking and insurance;
- ancillary activities to the previous (eg. the mediator, the representative, etc.)..
The figure of the commercial is the most important of all the other figures because the only contractor shall be subject to a special legal status called commercial entrepreneur.
The main points of this statute are:
- a requirement for entry in the register of companies;
- the obligation to keep records;
- awe bankruptcy and other insolvency procedures.
The reasons for this sport! 'Trader lie mainly in the need to protect the credit to the trader normally used (through bank loans, overdrafts allowed, deferred payments etc.)..
This explains why the legislature has bothered to put back the creditors in terms of the employer promptly (through the register of companies) and check (via the records required), the firm's in anticipation of a possible submission to the failure to recover a debt.
not exist in the definition of a trader cc: art. 2195, however, lists a number of commercial activities in question for which, by analogy, be considered a trader who plays one of those activities.
The activities listed in DC are:
- industrial production and the direct exchange of goods and services;
- intermediary activities in the movement of goods;
- transport activity by land, water, air,
- banking and insurance;
- ancillary activities to the previous (eg. the mediator, the representative, etc.)..
The figure of the commercial is the most important of all the other figures because the only contractor shall be subject to a special legal status called commercial entrepreneur.
The main points of this statute are:
- a requirement for entry in the register of companies;
- the obligation to keep records;
- awe bankruptcy and other insolvency procedures.
The reasons for this sport! 'Trader lie mainly in the need to protect the credit to the trader normally used (through bank loans, overdrafts allowed, deferred payments etc.)..
This explains why the legislature has bothered to put back the creditors in terms of the employer promptly (through the register of companies) and check (via the records required), the firm's in anticipation of a possible submission to the failure to recover a debt.
entrepreneur
Article. 2083 cc defines small businesses:
fund the farmer, the artisan, small traders and those who have an occupation organized primarily by the work of themselves and their family members .
This definition gave rise to conflicting interpretations as to whether the small business owner should be subject to failure or not.
Article 1 of the Bankruptcy Act, as amended by Legislative Decree no. 169/07, has definitively settled the issue by introducing the fallibility of quantitative limits on the amount of ' active assets, gross revenues and debt.
Article. 2083 cc defines small businesses:
fund the farmer, the artisan, small traders and those who have an occupation organized primarily by the work of themselves and their family members .
This definition gave rise to conflicting interpretations as to whether the small business owner should be subject to failure or not.
Article 1 of the Bankruptcy Act, as amended by Legislative Decree no. 169/07, has definitively settled the issue by introducing the fallibility of quantitative limits on the amount of ' active assets, gross revenues and debt.
So reads the article:
are not considered fallible entrepreneurs "... which show the joint possession of the following requirements:
a) have had in the three years prior to the date ... .... of failure ... .. an active asset ... .. total not exceeding three hundred thousand euro;
b) have made ... .. in the three years prior to the date ... .. of failure ... .. gross revenues for a total annual amount not exceeding € two hundred thousand;
c) have an amount of debt ... .. not exceeding five hundred thousand euro. "
The small entrepreneur
- is exempted from bookkeeping;
- is required for entry by the company;
- is not subject to failure. Another criterion
identification of the small entrepreneur is always given by art. 2083 where he says that the activity must be organized with the prevalence of work and that of your family compared to others' work and investment.
Craftsman
The figure of the artisan is governed by Law 443/85 under the Act for the craft that identifies the characteristics essential to be considered craftsmen, namely:
- preponderance of his work, including manual, in the production process;
- not completely mechanized production process.
are handmade exclusively from:
- the activity of the movement of goods (or auxiliary thereof);
- the activity of the public administration of food and beverages (unless they are incidental to the exercise of 'company);
- agricultural activities.
The artisan can conduct its business in corporate form except SS, SPA and SAPA; SRL single name is allowed.
a) have had in the three years prior to the date ... .... of failure ... .. an active asset ... .. total not exceeding three hundred thousand euro;
b) have made ... .. in the three years prior to the date ... .. of failure ... .. gross revenues for a total annual amount not exceeding € two hundred thousand;
c) have an amount of debt ... .. not exceeding five hundred thousand euro. "
The small entrepreneur
- is exempted from bookkeeping;
- is required for entry by the company;
- is not subject to failure. Another criterion
identification of the small entrepreneur is always given by art. 2083 where he says that the activity must be organized with the prevalence of work and that of your family compared to others' work and investment.
Entrepreneur Agricultural
E 'considered a farmer who practices one of the following activities:
E 'considered a farmer who practices one of the following activities:
cultivation of the soil, forestry, animal husbandry and related activities to earlier. [Cf. art.2135 cc].
The farmer has no obligation to keep accounting records, is not subject to bankruptcy and insolvency procedures, but must enroll in the special section of the Business Register (the register kept by the Chambers of Commerce).
The farmer has no obligation to keep accounting records, is not subject to bankruptcy and insolvency procedures, but must enroll in the special section of the Business Register (the register kept by the Chambers of Commerce).
The figure of the artisan is governed by Law 443/85 under the Act for the craft that identifies the characteristics essential to be considered craftsmen, namely:
- preponderance of his work, including manual, in the production process;
- not completely mechanized production process.
are handmade exclusively from:
- the activity of the movement of goods (or auxiliary thereof);
- the activity of the public administration of food and beverages (unless they are incidental to the exercise of 'company);
- agricultural activities.
The artisan can conduct its business in corporate form except SS, SPA and SAPA; SRL single name is allowed.
Entrepreneur occult
E 'regarded as one who does not act personally in its dealings with third parties but conducts its business using a nominee, while not appearing to the outside world as one who carries out the 'business activities, however, it is the true economic entity.
Wikipedia says (07/22/2010):
<< It is believed that the legal relationship established between the contractor and the occult can be traced back to a provider of contract " mandate without representation. "
According to art. 1703 cc" The mandate is a contract whereby one party undertakes to carry out one or more legal acts on behalf of the other. "
The mandate without representation is when the agent
acts in front of third parties in their own names but on behalf of the client and therefore the effects of legal documents fall upon him (agent) who, however, must then be transferred to the principal under the agreement signed with them.
Usually the employer provides the money for the hidden assets of a business, take business decisions and cash earnings, the nominee shall execute the decisions and is in some so paid.
As long as things go well there are no problems, but when they go wrong the thing can become serious for the creditors of the nominees, especially when he is found to be have-nots.
But it can happen that the creditors discover that all the company was managed by a hidden reality.
If this happens, the creditors can claim against the entrepreneur occult?
Some lawyers argue the affirmative argument based on two arguments:
1) ethical reason: as long as things are going well the contractor has earned occult and now that things are not going well it is right that he meets;
2) legal grounds: bankruptcy law in the art. 147 says that if a company is declared bankrupt people fail all the members, then if it becomes aware of a silent partner, of which the creditors were unaware of the existence, the failure also extends to the latter, then lawyers believe that by analogy this rule can be applied to the case of the entrepreneur occult.
Other lawyers maintain that they are negative on the basis of two arguments:
1) motivo di giustizia: i creditori non sapevano dell'esistenza dell'imprenditore occulto e quindi non hanno fatto affidamento sui suoi beni ma solo sul partimonio dell'imprenditore apparente;
2) motivo giuridico: c'è una norma nel codice civile in materia di mandato senza rappresentanza (art. 1705) la quale stabilisce che i creditori del mandatario non si possono soddisfare sui beni del mandante neppure se erano a conoscenza della sua esistenza; questa norma si applica nel caso dell'imprenditore occulto la cui esistenza è ignorata dai creditori del prestanome.
The Supreme Court has agreed with this last position and has therefore determined that the contractor occult is not liable for debts made by the nominee. >>
My modest opinion is that since there is some preliminary and definitive statement of the contractor hidden danger in all cases.
Family business The family business (agricultural or commercial) in which that company is working with a contractor, association or no relationship of employment, spouses, close relatives within the third degree and kin to the second.
The family business is individual and the profits be divided by the entrepreneur and the remaining 51% to other family members.
The company is a public act with which they were established also in the shares of profits to be distributed among family members.
They are entitled:
- the maintenance of the family according to the state capital;
- to participate in the profits, assets purchased with them, in proportion to the increase of the quantity and quality of the work ..
entrepreneur family, despite being exempt from keeping the books, however, must allow the family control over the management and outcome of the drafting periodic balance sheets and profit and loss account.
belong to the owner, in full independence, the decisions that affect management.
responsibility of the majority decisions concerning:
- the use of profits and gains;
- the extraordinary management;
- farm production;
- termination of the company.
incumbent unanimity of family decisions regarding the transfer of the right of participation in the family.
- the use of profits and gains;
- the extraordinary management;
- farm production;
- termination of the company.
incumbent unanimity of family decisions regarding the transfer of the right of participation in the family.
Business register The register of companies established in each province, is a public register kept by the Chambers of Commerce, which are noted in both individual enterprises and those collective.
any person conducting a business as a business you must register.
has the function of advertising that is legal to make public the existence delle singole imprese, dei loro caratteri, della loro struttura e anche dei fatti salienti e significativi che le riguardano (costituzione, modifica, cessazione, capitale sociale, ecc)
In questa maniera i terzi sono in grado di valutare il grado di affidabilità delle aziende con cui vengono in contatto.
Il registro si divide in due sezioni:
- sezione ordinaria, dove sono iscritte le società e gli imprenditori non piccoli;
- sezione speciale, dove sono iscritti i piccoli imprenditori, gli agricoltori, le società semplici, gli artigiani.
Ausiliari o collaboratori dell’imprenditore
All’attività dell’imprenditore partecipano others who are placed in respect of the entrepreneur himself, a relationship of subordination (auxiliary persons) or independent (auxiliary self-employed).
Among the self-employed include agents, representatives, agents, brokers, etc..
The control persons (with power of attorney) are divided into three categories: general proxy, prosecutors, clerks.
proprietor
Person in charge of the exercise by the holder of a commercial enterprise or a branch or a particular branch of that enterprise.
It has an executive and general representation of the entrepreneur in all actions related to all’esercizio dell’impresa.
La sua esistenza deve essere riportata nel registro delle imprese ed è assoggettato al fallimento assieme all’imprenditore.
Anche la sua eventuale cessazione dall’incarico deve essere resa pubblica.
Procuratore
Persona che può compiere per l’imprenditore atti pertinenti all’esercizio dell’impresa pur non essendovi preposto.
La definizione è molto simile a quella dell’institore ma:
- l’institore è titolare di un’attività generale e complessa di gestione che può concretizzarsi in una serie di atti diversi;
- il procuratore è responsible for specific tasks that result only in particular acts of the financial year.
The prosecutor has an obligation to be entered in the commercial register.
Salesman Person performing od'ordine concept of alternative, non-directive.
may be:
- involved in selling the premises (shop assistants);
- responsible for the sale of a square plaza (traveling salesmen).
may perform acts which concern only the specific skills and do not require registration to register.
Other employees
These are the employees and workers who have no power of representation and operating within the holding without coming into contact with other people.
Company
Definition:
all the assets held by the contractor to the exercise of the company. (Art. 2155 cc)
Often, in common parlance, the words "enterprise" and "company" means the same thing, but in reality are two different things because the company is the combination of items required for the exercise ' productive activity and productive activity is nothing but the company held by the entrepreneur for producing and exchanging goods and / or services.
- l’institore è titolare di un’attività generale e complessa di gestione che può concretizzarsi in una serie di atti diversi;
- il procuratore è responsible for specific tasks that result only in particular acts of the financial year.
The prosecutor has an obligation to be entered in the commercial register.
Salesman Person performing od'ordine concept of alternative, non-directive.
may be:
- involved in selling the premises (shop assistants);
- responsible for the sale of a square plaza (traveling salesmen).
may perform acts which concern only the specific skills and do not require registration to register.
Other employees
These are the employees and workers who have no power of representation and operating within the holding without coming into contact with other people.
Company
Definition:
all the assets held by the contractor to the exercise of the company. (Art. 2155 cc)
Often, in common parlance, the words "enterprise" and "company" means the same thing, but in reality are two different things because the company is the combination of items required for the exercise ' productive activity and productive activity is nothing but the company held by the entrepreneur for producing and exchanging goods and / or services.
Last Modified: 14/10/2010
