Sociedade de Capital e Indústria

Por
Pedro Santos
-
302
1889

CEBRADPE (2013):

QUESTÃO ERRADA: Não foi recepcionada pelo novo Código Civil a sociedade de capital e indústria, não sendo mais permitida a contribuição de sócio apenas em trabalho próprio.

Embora o Novo Código Civil não trate expressamente este tipo de sociedade, ela ainda é constituída, mas não é levada a registro.

Sociedade de Capital e Indústria é constituída por duas ou mais pessoas, sendo um ou mais sócios os que contribuem com dinheiro, bens e ou direitos para a formação do patrimônio, e outro ou outros sócios, com seu trabalho ou aptidão técnica.

CEBRASPE (2012):

QUESTÃO ERRADA: À luz do Código Civil brasileiro, a sociedade de capital e indústria é um tipo de sociedade empresária.

Errado. Com o advento do Código Civil de 2002 foi revogado este tipo societário (sociedade de capital e indústria).

CEBRASPE (2013):

QUESTÃO ERRADA: Embora haja, no Código Civil de 2002, seções dedicadas às sociedades em nome coletivo, em conta de participação e comandita simples, nele não é prevista a regulamentação das sociedades de capital e indústria, anteriormente reguladas no Código Comercial, não sendo possível, portanto, sua constituição.

Sociedades de Capital e indústria são aquelas em que um sócio contribui com o capital e outro com serviços. De fato, essa espécie de sociedade, com o nome dado pelo Código Comercial, foi extinta pelo NCC, entretanto, a sua essência remanesce nas sociedades simples.

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Pedro Santos

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302 COMENTÁRIOS

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