شرط الموافقة كقيد يحد من حرية المساهم في تداول أسهمه في القانون الجزائري

الملخص EN

This study tackles the condition of approval as a constraint which limits the freedom of the shareholder in the trading of his / her shares.

While the shareholder has originally the right to trade in his / her shares through commercial means at any time, the Algerian legislator authorized the company to include in the statute a condition that requires approval of the trading process in order to prevent the access of unwanted strangers to the company.

The validity of the approval condition depends on the availability of some terms of formality.

Firstly, the statute of the shareholding company should refer to the approval condition.

Secondly, the shares should be nominal.

As for the objective conditions, first, the company must have an interest in deciding the approval condition ; second, it must not block the free circulation of shares; and third, the shareholder must receive a fair price for his / her shares.

Besides, there are procedures, which must be respected for the validity of the approval condition.

Hence, an approval request must be submitted to the competent authorities in the company.