The Theory of the Company The company, or better, theory of the company were initiated in 1942 in Italy, when a new system of regulation of the economic activities of particular appeared, widening the scope of incidence of the Commercial law, passing the activities of on rendering of services and to the land if to submit to the same commercial, banking, securitrias applicable norms to and the industrial ones. It was called, therefore, the new system of disciplines of the private activities of company theory. ‘ ‘ Thus the commercial law, in its third evolutiva stage, leaves to take care of of definitive activities (of merchandise) and starts to discipline a specific form to produce or to circulate good or services, empresarial’ ‘. (RABBIT, 2008, pg. 5) 2. Concept of Entrepreneur ‘ ‘ Entrepreneur is defined in the law as professional exercente of economic activity organized for the production or the circulation of good or servios’ ‘ (CC.

Art. 966). Therefore, he will not be entrepreneur, that one that episodicamente to organize the production of certain merchandise, destining it exactly for sale in the market. The entrepreneur in the exercise of the enterprise activity must contract employees, therefore they are these that produce or make to circulate goods and services, this materially speaking. If the entrepreneur is exercente professional of an organized economic activity, then company is an activity, and enterprise activity is, therefore economic, in the direction that it searchs to generate profit for explores who it. The company also is activity organized in the direction of that in it if they find articulated by the entrepreneur the four factors of production: capital, man power, insumos and technology, therefore who is not entrepreneur explores activity of production or circulation of good or services without some of these factors. 3. Public company A company is considered opened when it promotes the palcement of securities in stock exchange or the over-the-counter market.