The specificity of the legal organization of state-owned commercial companies: A comparative legal study.

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

Government companies are public projects owned by the state, where the state intervenes either completely, with full ownership of the capital transferred to the government or one of the public legal entities, or partially, where the ownership of the capital is distributed between the state and one of the private legal persons. Government companies seek to increase their capital, achieve profitability, and enhance competitiveness on one hand, while also aiming to raise the standard of living in the country and contributing to economic development on the other hand. However, the federal legislator has not provided a specific definition for government companies, whether fully owned, partially owned, or those established through federal or local laws and decrees, as some local legislations in the country have done, or some comparable Arab legislations such as Egyptian legislation, for example. To stop the door of judicial and doctrinal interpretations regarding the nature of government companies, we recommend that the federal legislator clarify the provisions of government companies established under laws or decrees and the nature of government ownership in them, by dedicating a separate section in the Federal Companies Law.

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