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Derecho Mercantil > final > Flashcards

final Flashcards

1
Q

List all the formal sources of commercial law

A

Legislation
International Treaties
Jurisprudence

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2
Q

Main formal source of commercial law

A

Legislation

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3
Q

What is the consequence of acting on behalf of a company not registered at the IRS?

A

Your job is not official

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4
Q

What is commercial law ?

A

Branch within private law that governs acts of commerce … and trades of commercial objects.

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5
Q

Foreign companies requisites to operate in Mexico?

A
  • Adress
  • Proper migration status
  • Registered at the public registry
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6
Q

Trades man duties

A

Adequate accounting, keep the correspondence, keep the books, sign up at the local chamber of commerce and at the public registry.

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7
Q

Jurisprudence is ________

A

Interpretation of the law by the federal judicial branch of government …

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8
Q

Speculation is ________

A

the buying or selling of something with the expectation of profit …

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9
Q

An act of commerce is acquisitions, purchases, lease of articles etc. with the purpose of _____________

A

Commerce speculation

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10
Q

__________ is the Person who makes commerce his habitual occupation.

A

Trades man

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11
Q

__________ is the document where we can verify if a person has the capacity to act on behalf of a company

A

Powers of attorney

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12
Q

__________ are the people (either entities of individuals) that perform or facilitate the conclusion of someone else’s business …

A

Commercial auxiliaries

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13
Q
  1. termination of a contract of an independent commercial auxiliary :
    - If there’s no stipulation of time on the contract, the legal relation will end when one of the parties chooses to notify their intentions to finish it _________________ .
A

Within one month

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14
Q
  1. termination of a contract of an independent commercial auxiliary :
    - If there’s a clause agreeing on a fixed amount of time, none of the parties will be able to terminate the contract earlier ______________ .
A

Unless by payment of damages

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15
Q

_________ is the right of each partner to have the firm’s property applied to the firm debts.

A

Equity of partners

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16
Q

_________ cash, property, or services contributed by partners to a partnership.

A

Capital contribution

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17
Q

__________ an amount equal to the aggregate “par” or stated value of all outstanding shares.

A

Legal capital

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18
Q

______________ is the supreme organism of the company and can agree and ratify all actions of the company.

A

The shareholders meeting/assembly

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19
Q

________ expresses someone is a shareholder, it gives the rights to the company incorporated in the title.

A

A Share

20
Q

Yes / No :
According to article 75 of the commercial code, are obligations and stock subscribed by the government like CETES, an act of commerce ?

A

YES

21
Q

Yes / No :

According to article 75 of the commercial code, do construction companies perform acts of commerce?

A

YES

22
Q

Yes / No :

According to article 75 of the commercial code, are banking operations acts of commerce?

A

YES

23
Q

Yes / No :

According to article 75 of the commercial code, are the sales of the growing of plans an act of commerce?

A

YES

24
Q

Yes / No :

Is the celebration of a matrimony an act of commerce?

A

YES

25
Q

Yes / No :

Can people condemned for crimes against property, perform acts of commerce?

A

YES

26
Q

Yes / No :

Can foreigners w/out the proper migration status perform acts of commerce?

A

YES

27
Q

Yes / No:

Can the effect of legal personality of a company have a distinct legal personality, separate from its members?

A

YES

28
Q

Yes / No:
According to the nationality law, Mexican companies are the ones with accounting in Mexico and a representative office in Mexico

A

NO

29
Q

Yes / No :

Foreigners exclusion clause allows people from other countries to invest in Mexico

A

NO

30
Q

Yes / No:

The formality to create a company is with a private contract between the partners

A

YES

31
Q

Yes / No:

The business plan is part of the bylaws of or articles of incorporation of the company

A

NO

32
Q

Yes / No:
The shareholders meeting can discuss other topics not included on the order of the business published, even if not all of the shares were present.

A

NO

33
Q

Yes / No:

The quorum needed for a general ordinary assembly to meet is three quarters of the capital

A

YES

34
Q

Yes / No:

On an extraordinary shareholders meeting, a decision is reached by the vote of the majority of the stock present

A

YES

35
Q

Yes / No:
The second call for a meeting can be published at the same time, alongside with the first notice for a shareholders meeting

A

NO

36
Q

Yes / No:

Unpaid stock have the right to vote on a shareholders meeting

A

YES

37
Q

Yes / No:

Liberated stock have the right have the right to vote on a shareholders meeting

A

YES

38
Q

Yes / No:

Theres no legal responsibility if the administrator presents false information at the share holders meeting

A

YES

39
Q

Yes / No:

An ordinary shareholders meeting can change the object of the company

A

NO

40
Q

Yes / No:

An ordinary shareholders meeting approves the financial statements of the company

A

YES

41
Q

Yes / No:

An extraordinary shareholders meeting can agree the dissolution of the company

A

YES

42
Q

Yes / No:

A corporation may create different “Classes” of shares with different preferences, limitations, and relative rights

A

NO

43
Q

Yes / No:

All stocks are indivisible

A

YES

44
Q

Yes / No:
Article of 309 of the commercial code states: “The general manager will be the person that has the direction of the company, or that is authorized to sign contracts regarding ALL THE ASPECTS OF THE COMPANY

A

NO, because there are some aspects that they don’t have the enough knowledge.

45
Q

List 3 main organisms of commercial companies

A
  • Stockholders meetings
  • Administrator
  • Comissinary
46
Q

Name one difference between sociedad anónima and sociedad de responsabilidad limitada

A

The quantity of participants in S de A

Derecho Mercantil (3 decks)

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