النظام القانوني لانتقال الحصص في الشركات التجارية

Abstract

The transfer of shares is a fundamental issue in the life of commercial companies, as it directly impacts the company's stability and its legal and financial structure. The regulation of share transfers varies depending on the type of company (personal or capital). In personal companies, such as general partnerships and limited partnerships, the transfer of shares is restricted, and often requires the consent of all partners, as personal trust between partners is a fundamental element. Shares may not be transferred unless the partners explicitly agree. In capital companies, such as joint-stock companies, the transfer of shares occurs freely, whether between partners or to third parties, because financial considerations prevail over personal considerations and shares are easily tradable without reference to the other partners. In limited liability companies, the law balances personal and financial considerations. Therefore, the transfer of shares is subject to legal conditions, including the consent of the majority of partners in some cases, and the drafting and registration of the transfer agreement.