Las sociedades por acciones simplificadas (SAS), y su participación en la contratación pública.

Abstract

The Organic Law of Entrepreneurship and Innovation, in 2020, was Ecuador's legislative link to connect to the liberal and reformist trend of simplified joint-stock companies of the 21st century in Latin America, but the teleological element of this legislative trend, with genesis in France in the 20th century, globally, are small and medium enterprises, and the creation of a favorable ecosystem for their promotion and successful management, thus, with brief mandatory formalities for their constitution and management, these types of companies have no limits to contract with the State, as well as limitations on the participation of the State in its actions, in this sense, the little global experience in this type of societies results in the need to collect the experience of Latin America, to recognize if that disposition The unlimited number of cross interventions between the State and the SAS, assisted with their brief formalities, are not a tool. as to contradict the spirit of the norm that gives life to the SAS, as well as to facilitate unlawful actions, for which a comparative investigation is carried out between the national legislation contextual to the SAS and the Latin American experience, accepting a theoretical method, Synthetic analytical approach on both standards, in a qualitative approach, glimpsing the need to embrace the reforms and trends that corporate law requires, in a synergy of reasoning and legislative order of coexistence between this trend, without prejudice to legal security, making the prevailing differentiation of the formalities of the SAS in their relations with the State, as well as the restriction of State intervention in the SAS.