El capital suscrito y el capital autorizado : naturaleza y práctica jurídica en el derecho societario y notarial ecuatoriano.

Abstract

The corporate norm establishes that capital increases, when this is carried out jointly by increasing the subscribed capital and the authorized capital, are made through a public deed in a notary's office. However, the problem lies in determining whether once the subscribed capital has been increased to the maximum authorized capital, a reform of an undetermined amount may or may not be carried out to the statutes that involves increasing the authorized capital, without necessarily increasing the subscribed capital. Knowing that by doing this, you would be allowing yourself to ignore the payment of notarial fees. It is to be understood that the corporate norm establishes that increases in subscribed capital when it is higher than authorized are made through a public deed in a notary's office. However, the same procedure can be ignored, carrying out the procedures separately; These are, in a first term to reform the capital authorized in the statutes, while in the second time to carry out the effective increase of the subscribed capital by protocolizing the same increase. In this sense, it is necessary to investigate the nature of these to determine their validity. Thus, the object of the research lies in the study of capital in joint-stock companies, studying the capital stock and subscribed capital, specifically, in this academic work, an investigation will be carried out regarding the procedure established by the norm for increasing capital. authorized, and its shortcomings to the detriment of the State.