Document Details

Document Type : Thesis 
Document Title :
LIABILITY OF LIQUIDATOR IN LIQUIDATING A SHAREHOLDING COMPANY "COMPARATIVE STUDY"
المسؤولية القانونية للمصفي في تصفية الشركة المساهمة "دراسة تطبيقية مقارنة"
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : Due to the fact that shareholding companies occupy a very important place in the field of economy in the country, as these companies are undertaking major projects that the limited financial capabilities of individuals are unable to do, due to the economic and commercial conditions that resulted in the collapse of some open and closed shareholding companies, and due to mismanagement of the boards of a large number of joint-stock companies that have resulted in the bankruptcy of these companies and the increase of their financial liabilities, liquidation and expiration of companies are increasing. This requires a legal system that arranges the liquidation process and determines the legal responsibility of the liquidator. Thus, the problem of this study revolved around recognizing the liquidator's responsibility in liquidating the joint-stock company, by understanding the concept of the liquidator, and his powers and duties, distinguishing the legal adaptation of the liquidator's responsibility and control over his work, determining the liquidator's civil responsibility towards the company and third parties, and recognizing the penal responsibility of the liquidator and the penalties mentioned in the laws under study as well as presenting legal provisions. In this study, the researcher uses the horizontal comparative approach, which addresses a specific topic in two different legal systems. The researcher compares the Egyptian Companies Law with the Saudi one to address the legislative deficiencies in the Saudi Companies Law, and the applied approach by analyzing issues related to the subject of the study. The findings of the study showed that the Saudi regulator was correct in determining the duration of the voluntary liquidation and determining the data that must be included in the liquidator's report, in addition to submitting a copy of the report to the Ministry of Commerce, and distinguishing between how to repay the current and disputed debts. However, he did not specify the legal status of the liquidator against the company, while the Egyptian Court of Cassation in a decision made by it considered the liquidator as an agent of the company The study recommended that the Saudi regulator activate the supervision of the Board of Directors on the liquidator's work, explicitly provide for clarifying the nature of the liquidator's relationship with the company and determine the specific conditions in those who liquidate. Moreover, the study also recommended the Egyptian legislator and the Saudi regulator the necessity to regulate the penal responsibility of the liquidator to develop penal provisions that clarify the acts criminalized by the law and their respective penalties. 
Supervisor : Prof. Nayef Al Sharif 
Thesis Type : Master Thesis 
Publishing Year : 1441 AH
2019 AD 
Added Date : Sunday, November 24, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
افنان عبدالرحمن بافقيهBafageeh, Afnan AbdulRahmanResearcherMaster 

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