The effects of the strategic partner joining the public shareholding company: hope and reality (a comparative analytical study between the UAE and Kuwaiti corporate legislation).

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The joining of the strategic partner to a shareholding company leaves impacts on the company with all its components and those who deal with it. The UAE Federal Companies Law No.: 32 of 2021and Kuwaiti Companies Law no.: 1 of 2016 included a set of provisions related to the effects of the partner joining the shareholding company, We have devoted this research to indicating whether the effects decided by the Emirati and Kuwaiti legislators are specific to the strategic partner itself, or do the effects decided by the legislator regarding the joining of any partner to the shareholding company apply to it. We have concluded in this paper that the strategic partner in a shareholding company has all the rights that a shareholder in a shareholding company has, so it enjoys all the rights related to shares, It may also insist on invalidating the resolution of the company’s general assembly, if this resolution was issued in violation of the provisions of the law or the company’s contract or articles of association, This made us recommend the necessity of adding some texts regulating the effects of the strategic partner’s entry into the shareholding company, so that this regulation is as important as this partner is to the company.

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