مَـسئـوليــةالمُؤسـس في شِّــركة المُسَّـاهـمَـة

Abstract

The subject of research is the liability of the founder of the joint stock company for the proceeding contract is the registration of the company, the problem of the subject lies in the exploitation of the founders of the company in favor of the conclusion of pre-registration contracts for their own benefit without taking into consideration the interest of the company under incorporation and which is supposed to be concluded for it. The aim of the paper is to determine the legal status of the founder when entering into pre-registration and pre-registration contracts to acquire the company, and then determine the legal responsibility for such acts and actions required by the establishment of the joint stock company. The outcomes of the research reached the jurisprudence of the founder to conclude the contracts in favor of the company under incorporation, despite their differences on the legato basis to adapt its legal status where it took place between the requirements of the benefit of others. And the Sudanese legislator has made founder responsible for the funds of the company he set up, therefore the responsibility of the anxious man to be held accountable accordingly. Article (13) of the companies law act 2015 makes the contracts and actions of the founders subject to the approval of the constituent assembly of the company after its composition together with the condition of necessity, which is a matter of jurisdiction to judge in assessing the extent to which it is necessary or not when the conflict occurs, and the restriction of the court is in the interest of the company and its benefit. The research recommended that the deficit of the last paragraph of the second paragraph of the article (13) of the companies law 2015, that in order to be aware of the project and take into account that the grant of the company is free to refuse of permit the action concluded by its founders absolute freedom on the basis that it entitled to leave or not agree with justice, and the concept of the violation also if the founders of the company to pay the responsibility of those contracts on their shoulders to fall in the company, by putting the condition to evade them of their responsibility, or before they evade responsibility from each other, which requires the control of the paragraph.