No inscripción de escrituras de constitución de compañías vulnera el principio de seguridad jurídica.

Abstract

Ecuadorian corporate law establishes the possibility of incorporating companies for commercial purposes, which are fundamental for the economic development of the country. The types of companies and their form of incorporation are regulated in the Companies Law and the Code of Commerce, norms that comply with the purpose of regulating, protecting and establishing the parameters of operation. In view of the constitutional and procedural principles of effectiveness, efficiency and celerity, state protection is established in which it is regulated that the procedures are carried out quickly and without administrative obstacles. The processes of incorporation of companies are extensive since they go through several phases of review, approval and registration, in order to comply with the aforementioned principles, new types of incorporation processes have been established that eliminate certain steps such as the registration of the articles of incorporation in the commercial registry. The purpose of the registration of documents in the commercial registry is to provide support and legal certainty to the parties involved in the company. This paper will analyze the processes and rules related to the incorporation of companies and how the lack of registration of the articles of incorporation can violate the principle of legal certainty.