مسؤولية الشركة الأم عن إفلاس شركاتها الوليدة بوصفها أحد أعضاء مجلس إدارة تلك الشركات

Abstract EN

The parent company controls its subsidiaries, and it plays the role of a manager or a member of the administrative board of that company.

It usually follows the central management’s style in its management of its subsidiaries.

In this case, it monopolizes decision-making strategies.

Nonetheless, the responsibility of the parent company for the debts of the subsidiary company, as per the general rules, is limited to share it holds in the capital of those companies.

Therefore, the legislator has attempted to extend the responsibility of the parent company to include the debts of its subsidiaries, with a view to achieving a balance between the authorities and powers of the parent company and its responsibility.

This is executed through a debt supplement rule, and a rule that involves the parent company in the bankruptcy of the subsidiary one.

This enables the creditors of the subsidiary company to access the funds of the parent company and execute court decision on it has committed administrative errors during its administration of these companies, or has been arbitrary in exercising its right to administer it.