Las compañías unipersonales como figura de reciente data dentro del derecho societario ecuatoriano (análisis comparativo frente a la figura de Empresas Unipersonales de Responsabilidad Limitada)

Abstract

This paper offers an exhaustive analysis on the development and implementation of sole proprietorships in the field of corporate law worldwide, focusing, in a special way, on the Ecuadorian legislative development for its implementation. In this way, the Law of Limited Liability Sole Proprietorships in Ecuador is analyzed in detail as the first legal figure that allowed the individual entrepreneur to acquire legal personality to carry out a specific business, the study includes a deep critique of this law, which allows us to understand the reasons behind its current disuse and, at the same time, understand the success of Simplified Stock Companies (S.S.C.) in the country. In this way, we will be able understand the reasons why the S.S.C. have become, par excellence, the most used corporate type in Ecuador in recent years, allowing, for the first time, the formation of sole proprietorships, regulated by the Companies Law of Ecuador, and under the control of the Superintendence of Companies. In addition, the recent reforms made to the Companies Law have made sole proprietorship possible for other types of companies, other than S.S.C., as well as have simplified the process and procedures for different types of companies regulated by this law. With this analysis, we seek to understand the causes of the growth and popularity of sole proprietorships and their relationship with the legal and regulatory framework in Ecuador.