What is meant by enjoying quotas in limited companies?

the usufruct is characterized by the possibility of a person, entitled "usufructuary", use a certain good and enjoy his own Benefits even if the property is another. Brazilian law has always allowed the enjoyment of movable and immovable property, but it dismissed details of the practice of such an institute in the business field. Recently, the practice of usufruct has increasingly approached business relationships, and is also very applied in cases involving heritage and succession planning.

In this sense, thinking about the constitution of companies with the purpose of management and protection -the so -called "holdings", usually constituted in the legal form of limited companies -, the relevance of stipulating is observed The enjoyment contractually, with the purpose of planning the succession of the relevant assets - usually the patriarch and/or matriarch of a family -, preventing disputes between heirs, anticipating inheritance, improving the administration of assets and optimizing tax burden.

Thus, it is possible to stipulate that the holder of the assets ceda quotas of his corporate participation to heirs, but reserve for himself the right - often in a lifetime way - to enjoy the profits obtained by society, Until the usufruct is extinguished, which occurs with the death or renunciation of the usufructuary; or the termination of the deadline for its duration.

In addition, it is also possible to stipulate the other clauses linked to the enjoyment - for example, if the usufructuary will have the right to vote, if the usufructuary will be allowed to dispose of its corporate participation, etc.

the usufruct, therefore, has shown a very useful mechanism in succession planning contexts, enabling, in life, the Heritage holder remains with the control and perception of the benefits resulting from heritage, but anticipates its inheritance and prevent any conflicts and losses resulting in this