A limitação da responsabilidade das sociedades empresárias agrupadas em redes de cooperação empresarial: as associações de interesse econômico do estado do Rio Grande do Sul


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




There is a new associative mechanism in Brazil referred to as a Business Cooperation Network (BCN) that has come to be utilized more and more frequently. BCNs consist of a clustering of small or middle-sized business entities that come together with the objective of the joint development of some activity that are common to all of them. This is achieved through the means of a new business entity formed for the purpose, even while the individual members maintain their own functional autonomy, owner s capital and legal identity as a company. Through the administrative policies developed by the government of the State of Rio Grande of the South, this new type of association has proliferated such that various BCNs are currently active. To the contrary of the configurations used in other countries, there is no legal personification to these business groupings; they have found in civil associations the most adequate structures to accommodate them. Therefore, the absence of proper norms for this new type of association has lead to legal problems that have no expressed solution in legislation. This research paper has the objective of filling in one of these voids. The question to be answered by the present study is whether or not the responsibility of answering to BCN liabilities and obligations corresponds to the member business entities clustered within them. The study has unfolded in three stages. Firstly, Brazilian legislation was analyzed with the purpose of finding answers to the questions raised. Secondly, a survey was carried out by visiting BCNs in the State of Rio Grande of the South in order to interview their directors and verify what practices they have adopted and what their perspectives are on them. Finally, a study of comparative rights was made to verify how the theme was treated in other countries where these clusters have their own legislation. The study sought to verify if there isn t a legal solution expressly provided for by law for this issue. From the survey it was discovered that the BCNs are consolidated as such, and that some of them are headed towards a new level of activity in this form. In almost all the countries studied, the option was for the subsidiary responsibility of the members of the BCNs as an offset to the lack of owner s capital. In conclusion, a coherent legal solution was sought to the issue in question based on all the facets of the study carried out


direito redes de cooperação empresarial regime de responsabilidade associações agrupamento de pequenas empresas business cooperation network (bcn) shared responsibility scheme association small businesses network

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