Search In this Thesis
   Search In this Thesis  
العنوان
الاسهم القابلة للاسترداد فى الشركة المساهمة الخاصة :
المؤلف
حسن، راتب خليفة سلمان بني.
هيئة الاعداد
باحث / راتب خليفة سلمان بني حسن
مشرف / أحمد السيد لبيب
مناقش / علاء التميمي عبده
مناقش / خالد أحمد سيف شعراوي
الموضوع
أسهم الشركات.
تاريخ النشر
2024.
عدد الصفحات
458 ص. :
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
تاريخ الإجازة
1/1/2024
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون التجاري
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 458

from 458

المستخلص

The Jordanian maker regulated the texts of private joint stock companies with special rules and texts that were added to the Companies Law No. 22 of 1997, in accordance with the amended Temporary Law No. 4 of 2002, which came under the title (Part Five bis - Private Joint Stock Companies). In addition, the texts to which public joint-stock companies are subject are considered equivalent to the general law for private joint-stock companies, as all the texts of public joint-stock companies apply to private joint-stock companies, in everything that is not explicitly stated in their texts, articles of association, or memorandum of incorporation. Despite this, the private joint-stock company was distinguished by some special texts and rules that had no counterpart in public joint-stock companies. Among them, for example, is what is stipulated in the texts of Articles (68 bis and 81 bis) of the same law regarding the permissibility of a private joint-stock company issuing preferred shares by issuing several types and classes of shares. These shares differ among themselves in terms of nominal value, voting power, distribution of profits and losses to shareholders, the rights and priorities of each upon liquidation, their ability to be converted into other types of shares, and other rights, benefits, priorities and restrictions. It also has the right to issue redeemable shares, either at the request of the company, the shareholder, or when certain conditions are met. This is in addition to the possibility of converting or replacing any type or class of shares issued by it to any other type or class at the request of the company or the shareholder or when a certain condition is met in accordance with the ratios and method specified in the company’s bylaws, in addition to issuing stock options that allow their holders to purchase or request Issuing shares from the company and others. While reviewing the topic of this study, many of the questions and problems raised were answered. The concept of stock redemption has also been clarified in language and terminology, and some necessary legal concepts that are related to the term stock redemption, such as the connection between cause and effect. This study distinguished between the terms consumption and redemption, as well as purchase and redemption, because these terms are completely linked to the concept of stock redemption. This study was divided into two chapters. The first chapter was entitled (The nature of redemption of shares in a private joint-stock company and its cases), and it was dealt with in two chapters. The first chapter explained the definition of stock redemption and its legal nature, where what is meant by stock redemption was defined according to the redemption cases, which amounted to thirteen cases. The study arranged its scattered texts, meaning they were collected through Jordanian Companies Law No. 22 of 1997 and its amendments, and Securities Law No. 23 of 1997 as amended by Temporary Law No. (76) of 2002, and then Law No. 18 of 2017, and the regulations and instructions issued pursuant to them, in addition to some Jordanian legislation, such as the Jordanian Trade Law No. 12 of 1966, the Insolvency Law No. 21 of 2018, and the Civil Law No. 43 of 1976, as well as the legislation of comparative countries in both Egypt and France, and the jurisprudence and judicial rulings issued in this regard. The concept of the legal nature of this recovery was also determined according to each case. In the second chapter, cases of stock redemption were explained in detail. As for part 11, it came under the title (Redemption texts and its Effects), and it was also dealt with in two chapters. The first chapter covers the conditions and procedures for recovery, and the effects of recovery in the second chapter. Finally, this study reached a set of observations and results, in addition to the most important recommendations and suggestions contained therein.