الضوابط القانونية للشركة القابضة ( دراسة مقارنة)

الملخص

Legal systems have defined various types and descriptions of companies where there are certain tools and methods to form this type of international companies, namely the holding company as a means of formation. It is a public shareholding company that controls financial and management of a company or other companies called subsidiary companies by 51% owning more than half of its capital and have control over the establishment of the board of directors. The holding company appoints its representatives in the Boards of Directors of the subsidiary company by its contribution, yet it is not entitled to participate in the election of the rest of the members of the Board or the Board of Directors. The recent legal studies in different countries have gone to the study of this legal phenomenon due to the significance of this type of companies at the present time. In addition, each subject has its limits and extent. Due to specificity of the subject since it deals with the legal system of the holding company, the research plan falls in two sections. The first section revolves around the definition of the holding company which is further divided into two subsections. Whereas the first one deals with what the holding company is, the second illustrates the rules governing the holding company. The second section includes the management of the holding company and its end. This section is also subdivided into two main subsections. The first one relates to the management of the establishment of the holding company and the second one is about end of the holding company and its dissolution. Finally, the study sums up the main findings and recommendations.
Key words: companies, incorporation, investment