Consortiums are formed between entrepreneurs who decide to set up a common enterprise for regulating and carrying different phases of their respective businesses.
The consortiums too are of a mutual character, since the consortium’s activity is carried out in the interest of its member enterprises. “Regulating” given steps of the members’ enterprises is a typical function of internal consortiums, and may be non-competitive in nature, while the “carrying out” of given steps in the respective enterprises is a typical and exclusive function of consortiums having an external activity.
Participation in the consortium is restricted to entrepreneurs, whether they be individuals or legal entities irrespective of the object, dimensions and legal structure of the enterprise, hence anyone who is not an entrepreneur cannot become a member of a consortium, except for cases that are envisaged by law as exceptions.
The business steps of the enterprises are any transaction (from the purchase of raw materials up to the finished product) into which the entrepreneurial activity can be broken down in the abstract, without the identity of each enterprise being undermined within the overall organisation.
In consortiums having an external activity, the organisation’s activities will necessarily involve third parties, and will require in general, the creation of an office which is responsible for the legal relationships that come into being.
The consortium that carries out an external activity is not legal entity, but is an autonomous centre of legal relations and takes on responsibility - guaranteed by the consortium’s fund - for the contracts entered into in its name; it is also liable for the non-contractual risks, related to the entrepreneurial activity it carries out.
Seek the advice of your notary public, who will provide adequate advice and indicate the restrictions and favourable conditions envisaged in the law for consortiums of entrepreneurs.
The aim of the consortium may also be achieved in the form of commercial companies (general partnerships, limited partnerships, and limited liability companies).