النظام القانوني لتخفيض رأس مال الشركة المساهمة

Abstract EN

Given the company,s capital contribution to the study of great importance.

For the head of the money in this type of company it is the only guarantee and the actual creditors of the company, So the Iraqi companies law no.21 of 1997 are required to have enough capital for the exercise of its activites and fulfill its obligation and may not be disposed of oitherwise.

As well as the text of the principle of the stability of the capital, due to the need for compatibitiy between the company,s activity and economic capacity, according to the variables surrounding the company has resorted to contribute to adjusted capital increase or reduction, and without prejudice to the principle stability of the capital, and this requires the company taking into account the rules and principles set by the legislator to modify its capital.

The company,s contribution may resort to reduce its capital to several reasons such as increasing its capital or its need due to the loss suffered by them or if shares remained unsubscribed after the success of the IOP process of founding.

And it should be the reduction process in accordance with the procedures specified by law as a necessity to prepare a feasibility study showing the purpose of the reduction and causes the process, and therefore deliberately legislation to identify means to reduce the capital of the company to contribute to the protection of creditors of the damage that has been caused to them because of the reduction decision.