constitutive Act

The official document that allows to prove a certain event is called minutes. Constitutive, for its part, is an adjective that refers to that which is the fundamental or primordial component of something.

It is called constitutive Act to the legal instrument of a mandatory nature that is needed to form a company or organization. This document must include certain basic information about the entity created and must be signed by all those who make up the company in question.

A business and a clubTo name a few possibilities, they must have a charter for their existence to be legal. Otherwise, they will be de facto companies, not registered.

Cooperatives, NGOs or sports clubs, for example, are some of the companies that must necessarily have a charter when they start up.

The requirements to create a charter vary according to the country and the type of organization. It can be said, at a general level, that the articles of incorporation of a company that will develop a commercial activity must include its business name (the name of the company that is created through the act), its social object (what will society do), the registered office (where the company will be based) and the contributions to social capital (How the ownership of the company is distributed among its partners according to their participation). In addition, the basic data of the people who constitute the company (full name, age, national identity document, etc.) and their firms.

This without ignoring how the company has been called, the contributions of social capital that have allowed it to shape it, the appointment of administrators and other relevant positions, the bases that clearly determine what the administration of the company is. and finally how the dissolution would be carried out, if that point is reached.

At present, in numerous web pages and organizations you can find models of constitutive acts, such as those of corporations, communities of owners, civil societies, cooperatives ...

A example of articles of incorporation is the Constitutive Act of the Mexican Federation, which involved the union of the representatives of the governments of each Mexican state in the same legal entity. Said act was created in 1823 through a constituent congress.

However, we must not forget what is known as the Constitutive and Reform Act of 1847. It is considered, to a certain extent, that this act is the one that was in charge of shaping the Third Republic of Mexico.

Of course, at a historical level, we also came across the Constitutive Act of the Republic of Guatemala of 1851. This was in force until 1871 and stood out because, among other things, it established that the State of that country was arranged in four large groups: the Presidency of the Republic, the House of Representatives, the Council of State and the Judicial Order.

In the same way, it determined that the President would be elected for a period of four years, that the Catholic religion would be the only one in the State and that the Council of State would have a much more important value than the one it had presented up to that moment.