الأسهم في شركة المساهمة
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Date
2025
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جامعة المسيلة
Abstract
Considering that capital companies have a special and distinctive nature different from partnerships, and that the joint-stock company is the most suitable example of capital companies, which aims to pool funds for profit, and that shares represent negotiable certificates as a primary feature and are indivisible according to what the Algerian legislator has adopted, contrary to some other legal systems.
Capital companies have full freedom to dispose of their shares, such as selling them to increase their capital, and the shares can be transferred by all means of trading. Shareholders enjoy their ownership rights under the conditions proposed by the company. Any change made unilaterally by shareholders, such as withdrawal, affects the composition of the company, unlike partnerships where the partnership contract leads to dissolution; rather, it impacts the company's economy, especially if the withdrawing partner’s contribution is of high value.
Referring to the great importance of capital companies in the advancement and prosperity of the national economy, the legislator must reconsider some laws to amend them and necessarily add some mandatory legal provisions to avoid potential issues in the near future.