أثر اختلال شرط تعدد الشركاء على الشركة " "دراسة في قانون الشركات التجارية الاتحادي رقم(2) لسنة 2015 The Impact of the Requirement of Multiple Partners on the Company" Study in Federal Commercial Companies Law No. (2) of 2015"

نوع المستند : المقالة الأصلية

المؤلف

Assistant Professor of Commercial Law, University College, Ajman

المستخلص

The company is a contract and its conclusion requires the availability of the general objective
conditions of satisfaction and the place and reason and also that the contract of the company requires a
set of corners or so-called special objective requirements, namely, the multiplicity of partners, the
provision of quotas, the sharing of profits and losses, and the intention to participate. There are also
formal conditions imposed the legislator in order to complete the company's incorporation procedure is
the requirement of writing and the requirement of registration in the commercial register. The
requirement of a multiplicity of partners is a starting and a requirement for the company and the
legislator has established special provisions governing the number of partners, in each type types of
companies, by fixing the minimum partners or founders and the upper limit of some companies. In the
new Commercial Companies Act, the federal legislator has put in place some treatments to limit the
expiry of a company if the requirement of multiple partners is disrupted, and this treatment has been
successful, compared to what was the case in the repealed law, but those treatments were not exhaustive
of all the corporate problems of our An imbalance in the condition of a multiplicity of partners would
inevitably lead to the expiry and liquidation of the company for this reason without having been
confronted with financial bottlenecks, for example. I therefore thought I would look at this point to try
to develop proposals and solutions to limit the company's expiry due to a decrease or increase in the
number of partners in the company.

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