التنظيم القانوني لحق أفضلية الإكتتاب بأسهم زيادة رأس مال شركة

الملخص EN

The legislator granted the shareholders in the shareholding company the right of preemption to subscribe to shares of the capital cash increase, during a specified period, before offering them for public subscription, and in proportion to the number of shares each of them possesses before the increase.

However, the legal framework that governs this right remained vague among most investors, who did not grasp its concept well.

So, the conditions that must be met for the existence of such right and their distinctive specifications were not obvious to them, which will be discussed in the first topic.

More practical aspects will be discussed in the second topic to show how this right is acquired, and the mechanism of dealing with the options available to its holder.

These options are either the exercise of the right during the period allocated to the circulation of the pre-emption rights as specified in the prospectus, or the conservation of the right and its exercise during the allocated period.

To this is added the clarification of the effects of the refusal to use it, and the fate of the shares for which no preemption rights has been exercised.

This is in accordance with the provisions of the Syrian law, in addition to comparison mainly with the provisions of Emirati law in respect of the most important aspects.