Create a new business, as a freelancer or via a public limited company?

Without a doubt, yes Spain intends to prosper as a nation, it is crucial that its citizens and establishments are able to create the right conditions for wealth generationa task in which the new entrepreneursthat is, people who, with a new idea of Companystart an economic activity, offer their goods or services on the market in order to obtain benefit to which, in the end, will return to the whole of the society.

As this is an indisputable reality, one of the great Doubts who attack a new entrepreneur or an independent professional when he starts his business project is to know how to convey legally, in an adequate way, this new companyin order to be able to carry out their activity correctly and, at the same time, protect their personal interests and particular assets in an appropriate manner.

In this sense, more specifically, the new employer or professional must decide whether this new project takes place under the aegis of Autonomous work or, on the contrary, one chooses to constitute a capital company (in most cases, a public limited company, given its greater simplicity and ease when creating the new company).

Thus, we must bear in mind that the new professional or entrepreneur who opts for register As a self-employed person, you will carry out your professional activity in your own name and as of right, so that all the risks and risks of the activity carried out will be assumed by the self-employed person. personally. This reality, coupled with the principle of universal responsibility which governs our Law (which implies that every person is responsible for his debts and obligations with all his inheritance present and future) brings us to the situation where the self-employed worker, in the exercise of his professional activity as such, exposes the all your assets (your house, your second home, your savings, your car, etc.) evolution of their professional activity, so that if this does not develop positively, their creditors may be directed against their personal property to satisfy their debts.

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On the contrary, entrepreneurs who choose to channel their new business or professional activity through a limited company will benefit from much more favorable for their private assets, because contrary to what has been said above, the partners of a public limited company will only be liable for social debts up to the amount of contribution limit in the share capital of the company, so that if, for example, a person creates an SL with a share capital of 3,000 euros, the more his risk is limit to this contribution, thus remaining sure his personal patrimony of the debts which, in his case, generate this new company.

As can be seen, then, the hypothetical regime of responsibilities debts generated by professional or commercial activity, in the case of public limited companies, is much more favorable for protection of the personal and patrimonial interests of the new entrepreneur, so that, logically, as far as possible, he will be much more recommendable convey our new society through this legal figure, in order to adequately protect our personal property.


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