he New Companies Law No. 11 of year 2015 sets the process of liquidation of companies, among other things. A resolution is taken by a company to liquidate it and to appoint a liquidator(s). Once a liquidator is appointed, he/she will run the company and will have powers to take necessary actions to liquidate it. The decision of appointing a liquidator and the powers he/she will hold and the liquidation procedure must be published in the same manner the articles of association of the company are published when they are amended (this depends on the type of company). The company would then notify the Ministry of Economy and Commerce (the “Ministry”) that a resolution has been taken to liquidate it. he notifications to be published in at least 2 local newspapers (one of which must be in Arabic language) in which unknown creditors are notified that the company will be liquidated and that they should contact the company to claim their debt (debts become immediately due once a resolution to liquidate a company has been taken).
Liquidation Procedure Under New Companies Law
www.sharqlawfirm.com n this regard, it is best to publish in 2 local newspapers and then at least in one more one month after the publishing of the first 2 newspapers. This is to further evidence that the company took all precautions to try to notify the unknown creditors. For known creditors, written letters should be sent to them inviting them to make their demands. Following the passing of at least 75 days from the date the notifications have been published and if there are no standing creditor claims, financial demands, and/or litigation cases, then the liquidator may send a letter to the shareholder(s) of the company stating that all financial dues and/or claims against the company have been settled.
Shareholders
Receive the value of their shareholding in the company.
ny remaining amounts of money would be distributed to the shareholders of the company, and they shall also receive the value of their shareholding in the company. Following the completion of all of the above, the liquidator then prepares a final financial statement to the shareholders of the company and the shareholders must approve the final financial statement and then it must be published. The Ministry is contacted to evidence settlement of all financial dues and/or claims, and then, if the Ministry is satisfied with the evidence, the commercial register of the company is canceled and thereby the company is liquidated.
Liquidation Procedure Under New Companies Law
www.sharqlawfirm.com
Further to the above, it should be noted that the Articles of Association of a company might contain provisions that may alter the above-mentioned procedure. Also, the shareholders of a company may decide on a certain liquidation procedure when deciding to liquidate it. In addition, for Single Person Companies, it is strongly recommend that the identity of the person who will hold the position of liquidator be other than the owner of the said type of companies, as the Ministry may, at its sole discretion, object to that. Finally, it should be noted that in the event a liquidator engages the company in new business activities, he/she shall be responsible in his/her personal assets for such activities.
the value of their. shareholding in the. company. Page 3 of 4. [Sharq Law Firm Newsletter 14] Liquidation.pdf. [Sharq Law Firm Newsletter 14] Liquidation.pdf.
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