Capital, investment acts and protection of members with limited responsibility

Abstract

Limitation on liability of members, right to participate in profits and right of preference define, in general terms, the limited partnership. Given the importance of this type of company in the Brazilian business segment, this article focuses on investment and disinvestment acts in this kind of company, seeking to analyze in a specific way the relationship between such actions, the right to preference and business partners challenges. The research method apllied was hypothetico deductive, using paper works in Business Law, specialized articles and current legislation. Initially this article focuses at the importance of social capital contribution made by business partners. Next, the discussion is directed to investment and disinvestment acts. Finally, the focus is directed to right to prefer applicability, which is permeated by the psychological element known as affectio societatis, and the dichotomy that partners and societies have to deal with as a result of the this right. The study concludes that the greatest challenge of limited partnership is to conciliate business partners personal and limited partnership market interests.