المسؤولية القانونية للمؤسسين في شركة المساهمة: دراسة مقارنة

الملخص EN

Due to the great role that the joint-stock company has in economic life and in encouraging investments, most of the legislations, including the Algerian and Egyptian legislation, have given it the importance of controlling the laws that regulate it, especially during the period of its establishment.

The joint-stock company impose penalties on the perpetrators of these violations and the resulting effects towards the company and the third party.

These legislations also grant the stakeholder the right to file a nullity lawsuit as a penalty for violating the company's incorporation rules to nullify the violating behavior with the possibility of applying for its rectification.

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These laws also recognize the legal liability, which may be civil, to claim compensation for the damage resulting from the violation of the incorporation rules, and the liability may be punitive by stiffening the punishment for the founders when carrying out the incorporation procedures in the event that they use fraud, issue and trade shares unlike their reality, or commit crimes that affect the public interest of the company Such as the crimes of theft, fraud and mislead by inflicting penalties on the founders, including fine, imprisonment, custody, or one of these penalties.