LEGAL FRAMEWORK OF STARTUPS

SIMPLIFIED CORPORATION AND THE IMPACTS OF THE IMPOSSIBILITY OF FRAMING THE SIMPLES NACIONAL

Abstract

It appears that Brazil is not welcoming to investors and entrepreneurs, and thinking about the business model of startups, this item is intensified.The act of creating a company, defining the corporate type, tax framework, labor aspects, among others, involve, in addition to high costs and time, such a bureaucracy that startups in their initial stage are often unable to meet. In this sense, the Legal Framework for Startups and Innovative Entrepreneurship, in order to encourage entrepreneurship, brought in its legislation certain mechanisms that make corporate aspects more flexible, as in the case of the Joint Stock Company, simplifying some rules to facilitate its adoption for small companies, which for startups is of paramount importance, given that it is the most attractive type of company for investors. However, although this corporate type has been simplified, the Framework in turn failed to cover a very relevant aspect, which deals with the possibility of its inclusion in the Simples Nacional regime. Thus, startups continue to have a difficult choice, having to opt for a good corporate type or the tax regime that best fits their reality, especially when they are in the initial stage. Thus, using the inductive method, this work aims to analyze the Legal Framework of Statups with a focus on corporate types, aiming to specifically treat the Simplified Corporation (SAS), in order to verify why startups need the possibility ofinclusion in Simples Nacional by adopting the aforementioned corporate type.