LEGAL LOOPHOLES THAT ALLOW ACQUISITION IN COMPANIES
DOI:
https://doi.org/10.61841/1r0mbg81Keywords:
Legal Loopholes, Acquisitionin Companies, Votes held by the corporate, Graphical conditioned writingsAbstract
As interested researchers, we ought to diagnose the legal loopholes in companies that allow acquisition, whether in the same company or among different companies within our field of study. This is necessary to obtain suitable solutions for the lawmakers and to be included in a legal text that covers these loopholes in the law, for instance, the Iraqi Companies Act No. 21, 1997 (edited). This subject is broached in three sections: the first section discusses the number of votes the corporations possess and their representation by others. The second section broaches the mock writing and its conditions, while the third section studies the waiver of the right to vote and fraudulent ways of some corporations to obtain votes. In this way, through extrapolation of legal texts and doctrinal teachings, several legal loopholes that allow the acquisition of some companies with respect to others or that possibly encourage the emergent of acquisition activity have been identified.
Downloads
References
1. Ibrahim Abdulrahman Al-Saif, A limited liability company between the legislative and judicial development, published in Kuwait University Magazine number (1) 33, 2009.
2. Dr. Abu Zaid Radwan, Business firms in Kuwaiti comparative law, Modern Book House, Kuwait, 1, 1978.
3. Dr. Akram Abdul Kader Yamilky, Difference in shareholder rights with different stock types, published in the Law Magazine, Kuwait University, number 1/30, 2006.
4. Dr. Akram Abdul Kader Yamilky, Difference in shareholder rights with different stock types, a previous reference.
5. Prof. Kamil Abdulhussein and Rawaa Younis Mahmoud, The definition of the company's shareholder, published in the Journal of the Two Rivers, volume 1/8, issue 18, 2003.
6. Dr. Salah Ameen Abu Talib, The Holding Company in Business, College of Rights, Cairo, Cairo University, and University Book, 1994.
7. Dr. Hussein Mohamed Fathi, The legal basics of acquisition of company’s management, Dar Al-Nahda, Cairo.
8. Hasaneen Hameed and Ali Ghaleb, The importance of preparing a financial database for Iraqi companies, Journal of Heritage College, A sophisticated science journal, issue No. 6, Baghdad, 2010.
9. Dr. Hasan Mohamed Hind, The legal system of multinational companies, Library of Legal Notes, Egypt, 2009.
10. Dr. Tariq Abdulaal Hammad, The Manual of Applying International Accounting and the corresponding Arabic Standards, vol. 2, University Library, Alexandria, 2008.
11. Dr. Ali Al-Zaini, Fundamentals of Commercial Law: General Theory and Assets, The Egyptian Development Library, Cairo, 1945.
12. Dr. Ali Fawzi Al-Mosawi, Personal consideration in the corporate company, a study in corporate law, a previous reference.
13. Dr. Ali Fawzi Al-Mosawi, The protection of the minority from arbitrary decisions in the Iraqi legislature.
14. Dr. Ali Fawzi Al-Mosawi, The legal system of the management of the financial portfolio.
15. Desfiandi, A., Suman Rajest, S., S. Venkateswaran, P., Palani Kumar, M., & Singh, S. (2019). Company Credibility: A Tool to Trigger Positive CSR Image in the Cause-Brand Alliance Context in Indonesia. Humanities & Social Sciences Reviews, 7(6), 320-331. https://doi.org/10.18510/hssr.2019.7657
16. Abbas Marzoug Flaieh, the use of the stocks and shares in companies: selling or donation, A PhD thesis submitted to the Faculty of Law, Baghdad University, 1997.
17. Dr. Emad Mohammed Ameen, The protection of the shareholder in a corporate company, comparative study, The Legal Library, Egypt, 2008.
18. Dr. Ammar Habeeb Jahloul, the legal system of governing the companies, Zain publications of rights, Yanbur Library, 1st. Edition, 2011.
19. Dr. Aziz Al-Ugaily, The explanation of the commercial law, Vol. 4, Business Companies, House of Culture Publishing, Oman, p. 195, 1998.
20. Farouq Ibrahim Jassim, Summary of Business Firms, 1st. Edition, The Legal Library, Baghdad, 2007.
21. Farouq Ibrahim Jassim, The rights of the shareholder in a corporate company, 1st. Edition, Al-Halabi Publications of Rights, 2008.
22. Dr. Fawzi Mohammed Sami, The explanation of the commercial law in trade companies and the general rules of companies, Vol. 3, Beirut, House of Culture Publishing, Oman, 1997.
23. Dr. Fuad Saadoon Abdullah, The Management of Corporate Companies, including the Rights of Shareholders and the Control of Board Council: Reality and Solutions, Um Al-Kitab Library, Beirut, Lebanon, 1st edition, 1996.
24. Dr. Mohammed Hafidh Abda Al-Rahwan, Cash, banks, and financial markets.
25. Dr. Marwan Badri Ibraheem, The Cleaning of Companies, comparative study, The Legal Library, Egypt, Shitat Publishers, 2010.
26. Dr. Maha Mahmoud Ramzi, Corporate companies between governing and regulations (case study of Omani corporate companies), published in the Journal of Damascus University of Economic and Legal Sciences, Faculty of Economics, University of Damascus, Vol. 24, issue 1, 2008.
27. Dr. Hani Suraldeen, The Legislative Regulation of Compulsory Purchase Offers for Acquisition, Al-Nahda House, Vol. 1, 2nd. Edition, 2013.
28. Raman, R.A., Soh, K.G., Soh, K.L., Japar, S., Ong, S.L., Ghiami, Z.Rural primary school children's body fat and their parents' physical image perceptions (2018) International Journal of Pharmaceutical Research, 10 (4), pp. 9-14.
Downloads
Published
Issue
Section
License
Copyright (c) 2020 AUTHOR
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
