الاكتتاب العام برأسمال الشركة المساهمة في ظل قانون الشركات رقم ٢١ لسنة 1997 المعدل

الملخص EN

The subscription of the shares of the joint stock company shall be considered as an effective means of forming its capital.

Since the subscription shall be private among the founders in a part of the capital of the company, the remaining shares shall be offered to the public by way of public subscription.

In other cases, the subscription may be limited to the founders, , And the positions of the laws differed on the closed subscription on the one hand and on the percentages to be subscribed by the public in the public subscription.

The position of the Iraqi legislator was clear in the Companies Law No.

21 of 1997 regarding the percentages to be put to the public and its refusal to subscribe closed , But under the amendment in 2004, it was stipulated to raise the upper limit of the contribution of the founders, making some of the jurisprudence goes to the possibility of the founders to subscribe to the entire shares of the shareholding company, ie the establishment of a joint stock company without recourse to the IPO through closed subscription, The other opinion that the amendment did not change the rule of the obligation of public subscription, and through our research, we will address the IPO in some detail under the last amendment and the impact of this amendment to the provisions of the IPO to show the correct position of our legislator.