إجراءات عملية اندماج الشركات التجارية : دراسة مقارنة

Abstract EN

This research deals with the procedures of merger under the relatively old law effective in Palestine, i.e.

the Companies Law No.(12) for the year 1964.

Contrary to the Jordanian Companies Law No.(22) for the year 1997 and the Palestinian Draft Law on Companies, the Companies Law No.

(12) for the year 1964 does not contain an integrated system of corporate merger.

Nonetheless, some partial measures were described in the passage of this act.

In this context, the paper reviews the previous procedures of the company’s decision to merge and the subsequent ones, and explains the legislative lack in the Companies Law No.(12) of 1964, regarding The procedures of merger process.

as well as the merger impediments embodied in the mentioned law.

In particular, this law requires the dissolution and liquidation of the merged company.

Such procedures are shown to be incompatible with the modern legislations which allow merger without liquidation of the company.

The author concludes that merger of the company is considered an anticipatory dissolution of this company that does not necessarily results in liquidation of the company.