A organização de empresa de impacto social por meio da Sociedade Limitada

Abstract

This work analyzes the intersection between two themes: social impact companies and limited liability corporations. Therefore, it was examined the social impact business as such, which was compared to themes akin of it, seeking to assess whether it would be possible to conceive a limited liability corporation model as an adequate or suitable model for the exercise of a social impact business. The limited liability corporation model was chosen because it is the most used type of company by businesses and enterprises in Brazil. The sense of social impact corporation was worked on and its origins, differentiating from similar figures under comparative law and under Brazilian law. The study of the type was deepened to carry out the realization of a mitigated altruism, investigating several relevant aspects. Measures aiming at allowing the constitution, stabilization, and maintenance of the organization of companies with social impact through limited liability corporation were also researched, such as the creation of reserves, establishment of a unanimous quorum, withdrawal rights, partners’ agreement, and clauses of protection for the purpose of generating social impact. In the last section it was pointed out the need for a normative alteration to mirror what had been done in French Law, so that Brazilian Law could start giving effective importance to the subject.