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Legal Structure of State Enterprises

General Notions of Legal Entities . Class 3. APO The creation of an Olympic Public Authority (APO - Autoridade Pblica Olmpica) is one of the guarantees offered by Brazil to the International Olympic Committee. The main objective of the APO is the coordinati

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Legal Structure of State Enterprises

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    1. Legal Structure of State Enterprises Fernando Zilveti and Roberto Vasconcellos

    2. General Notions of Legal Entities Class 3

    3. APO The creation of an Olympic Public Authority (APO - Autoridade Pblica Olmpica) is one of the guarantees offered by Brazil to the International Olympic Committee. The main objective of the APO is the coordination of government actions for the planning and delivery of works and services needed for the realization of the games. Practical Case

    4. Created on May 12th, 2010, this consortium must integrate the efforts of the Union, the States and the Municipalities to ensure the realization of Olympic and Paralympic Games in Rio de Janeiro. With inspiration from the Sydney, Barcelona, and London Games, the APO will be a consortium of several private and public corporate bodies. Is APO a State Structure?

    5. The MP 503/2010, in the process of being converted to law, under PVL 2/2011, ratifies the protocol for the creation of the Olympic Public Authority, destined to coordinate government actions for the realization of the Olympic Games in Rio de Janeiro 2016. The MP also institutes a differentiated regime for competitive biddings and contracts in the execution of works, purchases and services, as well as the sale of goods and execution of competitive examinations related to the Olympic Games. Legal Basis

    6. The corporate structure of the APO, foreseen on the MP, when converted into law, obliges the Federal entities, its agencies and companies of mixed economy. Furthermore, it makes the terms of the Protocol a public contract to create a non-personified society. Protocol of intentions and the consortium

    7. IS APO a corporation? The celebration of a public contract with the characteristics of a consortium corresponds to the status of a public or private corporation. The contents of the MP 503/2010, however, define the obligations of public corporations without constituting a legal entity of public law. Thus, it doesnt have the same legal form of a public enterprise, but it constitutes a non-personified society.

    8. Consortium The definition of consortium may be the association of public or private corporations for a specific project. In accordance with Article 278 of the Law of Anonymous Societies, the societies may constitute a consortium to perform a certain project, however, the consortium has no legal personality and the consortium members are bound under the conditions of the contract, each accounting for its obligations, without the presumption of joint and several liability.

    9. Elements of the consortium Are elements of the consortium: (i) designation of the consortium, if there is one; (ii) its object; (iii) the duration, address and jurisdiction; (iv) the definition of the obligations and responsibilities of each of the members; (v) rules regarding income; (vi) rules regarding its administration, accounting and representation; (vii) form of deliberating on matters of common interest; (viii) the contribution of each member to common expenses; (ix) liquidation.

    10. See on twitter: @Fzilveti Bibliography

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