The simplified joint-stock company: a reading in law 22-09

Abstract EN

The simplified joint stock company is considered to be one of the manifestations of the developments in company law, through which the legislator has recognized the complete freedom of the partners to determine the terms of its organization and operation in its articles of association, which makes it an attractive company.

however, this company is fraught with risks, firstly for the partners who are not subject to the provisions of corporate law to protect their interests, but rather to the terms of the contract with all the shortcomings that this may entail.

secondly, it is perilous because the legal system to which this company is subject is unclear and requires a fine analysis of its provisions and calls on the researcher, the lawman and even the judge to set out a list of the provisions applicable to the simplified joint stock company, as well as those which should be excluded, given that this work falls under the competence of the legislator and not under their competence.