Commercial Company’s Right for Establishing Companies - An analytical study -
الكلمات المفتاحية:
- Company. - Companies Establishment. - Joint Stock Company. - Limited Liability Company. - One-Person Company. - Joint Liability Company. - Simple Company. - Individual Project.الملخص
It is well known that people are free to establish commercial companies to achieve the goals they aim to achieve, including profit, but it must be noted that the right to establish companies is not limited to the natural person, but the legal person has the right to establish companies to achieve their purposes within the limits of the law, and if we take into account that commercial companies, in turn, are legal persons in themselves, so the question arises about the extent of the commercial company's right to establish another commercial company? Especially since the Iraqi legislator, in Article (12) of the amended Iraqi Companies Law, did not address the details of this right and the extent of its conflict with the purposes of establishing companies and the risks that arise from them. Therefore, this research aims to show the extent of the commercial company’s right to establish other commercial companies by accreditation on the analytical approach to the texts of the amended Iraqi Companies Law No.21 of 1997. The research found a conflict between the provision of Article (12/Second) of the amended Iraqi Companies Law with the provision of Articles (4) and (6) of the same law, and we made a set of recommendations in this area to remove the conflict.
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Second - Laws and Orders:
Iraqi Companies Law No. (21) of 1997 amended.
Iraqi Companies Law No. (36) of 1983, which is repealed.
Coalition Provisional Authority (Dissolved) Order No. (64) of 2004.
Third - Personal interviews:
A personal interview with Mr. (Dr. Kazem) in the (Companies Registration) Department in the Ministry of Commerce, Companies Registration Department for the Kurdistan Region - Iraq, on (30/1/2022) at his place of work.
A personal interview with Mr. (Bashtiwan Mustafa Qader Wa Rati), director of the Erbil companies, on (22/2/2022) at his place of work.
A personal interview with the Director General of the Chamber of Commerce in the Ministry of Commerce of the Kurdistan Region - Iraq, on (1/1/2022) at his place of work.
