The College of Law at Al-Nahrain University discussed the master’s thesis entitled “The Legal Regulation of Amending the Articles of Association of Capital Companies”, submitted by Shahad Aqeel Abdul-Mohsen, a postgraduate student in the Department of Private Law.
Significance of the Study
The significance of this study lies in examining the adequacy of the legal regulation governing the amendment of the articles of association of capital companies under Iraqi legislation, given the direct impact of such amendments on the stability of the company and the regulation of the positions and rights of its partners, as well as their implications for the rights of third parties dealing with the company.
The study is also significant in identifying the legal controls, conditions, and procedures governing amendments to the company’s articles of association, and in assessing the effectiveness of the existing legal provisions in addressing circumstances requiring such amendments. It also draws upon the provisions of Egyptian and Emirati legislation to identify shortcomings in the Iraqi legal framework and propose appropriate remedies.
Objective of the Study
The study aims to clarify the legal framework governing amendments to the articles of association of capital companies by defining the concept of amendment and its legal basis, identifying its conditions, the competent authority responsible for approving it, and the required legal quorum, in addition to determining the circumstances that necessitate or justify amending the company’s articles of association.
It also aims to examine the legal procedures required to complete the amendment, clarify the role of the Registrar of Companies in this regard, and analyze the legal effects arising from the amendment with respect to the partners, the company, and third parties, ultimately presenting legislative proposals that contribute to developing the Iraqi legal framework and strengthening the legal protection of the relevant legal positions and rights.
Discussion Committee
The discussion committee consisted of:
- Prof. Dr. Akram Fadhil Saeed – Chairperson
- Prof. Dr. Haifa Muzhir Falahi – Member
- Asst. Prof. Dr. Raad Hashim Amin – Member
- Prof. Dr. Aseel Baqir Jasim – Supervisor
Following the discussion and evaluation of the thesis, the committee decided to accept the thesis subject to the required amendments and recommended awarding the student the master’s degree.
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