أثر اندماج الشركات على حقوق الدائنين : دراسة تحليلية مقارنة بين القانون العماني، المصري، الأردني

Abstract EN

The merger of companies is considered as a phenomenon in the modern economic and commercial landscape and a feature of economic concentration which is dictated by several factors including, in the forefront, the globalization and the global economic and trade liberalization.

The importance of merger lies primarily in the fact that it is the most effective and efficient tool for the creation of collective projects and economic and trade blocs, on the one hand and a legal tool for monitoring and tracking capitals movements within the boundaries of a certain country, on the other hand.

This scenario will enable the state to assume its role to encourage and attract foreign investments.

Therefore, most legislations contain provisions that govern and regulate the procedures for mergers including the Omani law, the Egyptian law and the Jordanian law, which are subject of comparison in this research.

If the merger in this concept assists companies and projects, particularly small and medium size enterprises (SMEs) to gain a competitive edge by unifying and streamlining their efforts and at the same time serves as a lifeline for a bunch of companies against insolvency and winding-up, the question that poses itself here is whether this tool as currently provided for in the laws under comparison is adequate and meticulous enough to achieve the intended goals or, rather, it should be revised and reorganized in a flexible and more useful way that delivers benefits.

The researcher will attempt to answer this question by comparing the provisions of the laws under scrutiny whether concerning the legal concept of merger and its distinctiveness in relation to other similar systems and legal approaches.

This calls for the determination of the limitations, scope and the legal impacts of merger for merging companies or their respective creditors or the new emerging companies as well as defining their rights whether they are ordinary creditors, bondholders or shareholders.