PREFERRED QUOTAS: AN ANALYSIS OF SHAREHOLDERS AND MERELY INVESTORS

The present study has as its theme the possibility of preferential shares in limited liability companies from the perspective of the partner's objective when entering into the legal business by which he is linked to this corporate type. It is intended to examine whether there is or can be a distinction in the relationship between the partner and the society when the former has the intention of making a capital investment without intending to develop acts of creation or institutional management. The object under investigation is constituted by the ways in which the partner can relate to society, as a quota holder who will represent the institution by developing acts of idealization or management or as a merely investor quota holder who makes the capital contribution eager to see his investment return with additions resulting from the positive results arising from the good practice of business activity on the part of the society to which it was linked, a characteristic that does not equate it to the angel investor, since he does not have a legal partner with the company. Thus, the following questions arise: based on the analysis of the legal nature of the limited liability company, would it be justifiable to consider that the link between the limited liability company and the quota holder can occur in a similar way to the non-voting preferred shareholder? If the regulation of the figure of the preferred shareholder is feasible, would your responsibility for the acts you practice as a partner be attainable by disregarding the legal personality?