SIMPLIFIED JOINT – STOKED COMPANIES ENTREPRENEUR SUPPORT TOOL OR THIRD PARTY FRAUD INSTRUMENT?

Abstract

The Simplified Joint - Stocked Companies were introduced to
Argentinian legal system by 27349 law, among a package of measures
designed to favor entrepreneurship. They are a hybrid company type, with

similar characteristics to limited liability societies, but whose capital is divided into shares such
as Anonymous Societies. The use of this figure can be beneficial and convenient for businessmen;
but it must be considered that in the way that the Simplified Joint - Stocked Companies were
regulated, they can be used by unscrupulous agents as instruments to brake the law and harm
third parties. This article intends to perform an analysis of the figure to detect its advantages
and disadvantages through the analysis of several doctrinal positions in this regard, among
authors that promote them as the best legal solution for entrepreneurs and others who consider
them a coadjutant mechanism to corruption in the Argentine legal system. From this analysis
it can be concluded that the incorporation of this type of companies to our legislation reports
the introduction of a new tool that due to its speed, simplicity and operability is useful to the
argentinian business community, but this utility should not be used to the detriment of the rights
of third parties, a situation in which the General Principles of Law would be relevant.
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