Las Start-Ups y la regulación de las Sociedades de Responsabilidad Limitada

This article reviews the regulation of limited liability companies contained in Spanish Law of Capital Companies (Ley de Sociedades de Capital) in view of the experience of the newly created firms known as Start-ups which are incorporated under this social form, which are a large majority. In particular, on the basis of the definition of the limited liability company as a flexible social type, contained in its regulation, some of the prohibitions and restrictions which hinder its incorporation process or the accommodation of the agreements reached among its shareholders or between the company and the collaborators or investors which it may wish to engage in the project, are reviewed. In view of such analysis, proposals of law reform addressed to offer a better legal framework for these companies are made, in order to improve the chances of generating entrepreneurial ecosystems in our country.