There is only the limited liability company

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But if the shares in the name of the sole partner make up the couple's common assets, that is, if they also belong to the spouse (or partner), the company is not, in fact, a single-person company. There are two owners – it would be possible to object.

No. There is only one partner. Only he or she is listed in the articles of association, and only he or she can deliberate and exercise the corporate rights corresponding to the share(s). In effect, it is a company with bulk sms argentina only one partner. The spouse does not have any corporate power that goes beyond the property rights over the share(s). Composition, deliberations and administration are still matters that affect the sole partner. Detail: this even includes the sale of assets by the company, even if they are real estate: the partner only needs to deliberate, if the contract requires it, and the company sells them.

– Right. But how can the company become the common property of the couple? After all, it is itself a legal entity! How can the idea of ​​patrimonial autonomy (between the person of the partner and the person of the company) be reconciled with this intention of inventorying the company whose ex-spouse, whether deceased or divorced, is only a spouse and not a partner in the business ?

Dimensions marked from the record
The solution requires understanding that, in relation to companies, whether simple or business, there are two dimensions that could be demarcated from the registration and, with it, the entification (creation of a legal entity) of the legal-economic initiative.