The Legal Nature for the Position of the Managing Director (A Comparative Study)

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Dergham Fadel Hussein

Abstract

The managing director plays a major role in the company as he undertakes the
completion of all necessary contracts conducts all necessary actions to achieve the
goals of the company stipulated in its founding contract. In spite of this importance,
the Iraqi Companies Act No. 21 of 1997 was devoid of any provision regulating the
legal status of the position of managing director despite the significance of this in
determining the legal basis for the managing director to be responsible for his mistakes
against the company and the partners as well as to determine the legal basis for the
accountability of the company against the third party for the actions of its managing
director. Therefore, this research is devoted to studying and analysing the most
important doctrinal views that have been said on this subject in order to provide the
Iraqi legislator with proposals to amend the legislative system in a way that ensures the
adoption of the perfect legal nature for the position of the managing director, and in a
manner that makes Iraqi legal system keep pace with modern legislative trends as far
as the subject of this research is concerned.

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How to Cite
ضرغام فاضل حسين العلي. (2020). The Legal Nature for the Position of the Managing Director (A Comparative Study). MIsan Journal of Comparative Legal Studies, 1(1), 139–164. https://doi.org/10.61266/mjcls.v1i1.22
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