Purpose of this paper: This paper identifies some alternatives that may be used in order to adapt the articles of association of the Portuguese Sociedade por Quotas SPQs to a family business. However, it also identifies corporate governance problems common to all incorporated family businesses. Design/Methodology/Approach: The paper is part of a wider research that aims to create a goodand bad practices manual for SME's. The research group has send questionnaires to lawyers and business associations and organized a meeting in Coimbra to identify the main problems that family SPQs face in their legal environment. Findings: Portuguese Company Law doesn't give special attention to family businesses. However, it has many rules that are not mandatory, and therefore the articles of association may be used as a tool to avoid future frequent problems in family businesses. Value: The paper identifies many solutions for typical corporate governance problems in family businesses. It may be used as a manual of good practices for those who have to write the articles of association of a Portuguese SPQ. The paper may interest anyone who wishes to understand the problems that are common to all family companies.
O presente trabalho foi realizado no âmbito das atividades do Grupo de Investigação "As PME: Promoção da Inovação, Crescimento e Competitividade" do Instituto Jurídico da Faculdade de Direito da Universidade de Coimbra, integradas no Projeto "Desafios sociais, incerteza e direito" (UID/ /DIR/04643/2013).
Regulation (EU) 2015/848 (Recast European InsolvencyRegulation/Recast EIR) contains a set of articles dedicated to the insolvency proceedings relative to members of groups of companies. No substantial consolidation or any procedural nature is envisaged. Article 2(13) of Regulation 2015/848 clarifies that, for the purposes of the same, a "group of companies" must be understood as "a parent undertaking and all its subsidiary undertakings." However, many doubts arise when one goes deeper into that definition. The author deals with some of those problems and gives some suggestions to overcome them.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.