Breve apunte sobre el concepto de sociedad profesional y sus implicaciones en la nueva Ley de sociedades profesionales

Abstract

With the occasion of the come into force of the Law 2/2007, of the 15 of March, of Professional Companies, we take on the first encounter with the legal concept of professional company, centring the analysis, on one hand, on the delimitation and characteristics of the said legal term and of the elements that come together to form it, and on the other, to raise and to suggest a solution to the problem of the viability of the Individual Professional Companies, seen from two possible interpretations of the new Law: the first of which would be a literal interpretation, against admitting the existence of the forenamed individual professional societies, as for it would make the professional company the equivalent to a collective organization with the social purpose of common exercise of professional collegiate activities; and the second, a systematic interpretation, that under the pretext of the supplementary connection between The New Law of Professional Companies and the Guiding Laws of the Capitalist Companies —ex article 1.3 of The Professional Companies Law—, would be in favour of the existence and viability of the Individual Professional Companies, and like this avoiding the coexistence of the Law with a sort of dead zone made for what we might call «of fact» Professional Companies.