The legal Framework of the holding company in Iraqi law - a comparative analytical study

Kareem Mawlood, Abdulbasit (2020) The legal Framework of the holding company in Iraqi law - a comparative analytical study. Alrafidain of law, 23 (73). pp. 50-89.

Text (Research Article) ALAW_Volume 23_Issue 73_Pages 50-89.pdf - Published Version Download (961kB)

Abstract

The holding companies are patterns of the economic entities that play active roles in the local and international commercial activities. Therefore, it has become the subject of interest to the legislators in various countries in the world. The legal regulation of these companies is relatively new in the Iraqi law. Therefore, this research tackles the legal provisions for this type of companies that are now effectively influencing the whole aspects of commercial and economic sectors. The research dealt with introducing these companies, their criteria to control their subsidiaries, their legal form and objectives, their activities and associated risks and the scope of their responsibility for the debts of their subsidiaries, considering their special relationship. It also shows deficiencies in their legal regulation in the Iraqi law, compared to the legislations that preceded Iraqi law in regulating it. Finally, it proposes provisions to help the legislator to address these shortcomings.

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