If a partnership has the minimum capital but is not in a public instrument, what is the legal status of the partnership?

In a partnership, the acquisition of juridical personality generally means that the partnership is treated as a separate legal entity capable of engaging in contracts, owning property, and being sued or suing in its own name. The minimum capital requirement often pertains to specific legal structures of partnerships, particularly for certain types of partnerships that may require a minimum capital for the formation to be recognized.

Even if the partnership does not have a public instrument, it can still acquire juridical personality as long as it meets the essential requirements for partnership formation under the relevant law. These basic essentials generally include the mutual agreement between partners to form a partnership for a common business purpose, regardless of whether the partnership has formalized its existence through public registration or a notarial document.

Thus, a partnership having the minimum capital implies that it has met one key legal requirement but does not preclude it from obtaining juridical personality solely because it lacks a public instrument. The absence of a public instrument may affect other aspects, such as liability or the ability to engage in certain transactions, but it does not prevent the partnership from existing as a legal entity. Therefore, even without the public instrument, the partnership still can acquire juridical personality.