اندماج الشركات في القانون السوداني : دراسة مقارنة

الملخص EN

This study handled merger of companies which obtains its importance from being one of the most effective decisions on company-origins in their existence or not, their competence and ability in performance.

The study aims to high light merger rules in Sudanese law.

It also aims at clarifying its competence for organizing the merger process.

The study also handled the meaning of company merger, its types, procedures and effect on the participants, merged companies and the others.

To achieve the aims of the study and answer its questions, the study followed the analytical descriptive method via its commitment in comparing the rules of Sudanese, Egyptian and Jordanian laws.

The study is made through a research plan consists of two researches each of which includes a number of requirements.

The first research is about the meaning of company merger and its types; and the second one is about merger effect.

The study is ended by a conclusion that consists of a number of results.

The most prominent one is that the Sudanese law is the only one of all the other comparative laws that has got a definition for company merger, but it ignores the condition of the merging company to be the better than the merged company from the side of the type and from the side of financial ability.

It doesn’t say what must be followed of commitment in how to establish the company that emerges from fusion by combining.

Building on the condition for these results; the recommendations come as follows: writing the requirements for the combining/ merging company to be the better than the merge done.

It also should stipulate that the activity of the merged and the merging companies should be similar or integrated.

Getting special rules in company rule that specialized in the commitment of establishing the new companies which emerge from the fusion by combination.