Legal problems resulting from restricting the establishment of a simple joint stock company by startup companies

Abstract

The latest amendment to Article 544 of the Algerian Commercial Code caused a stir in the legal arena، through which a new form of commercial companies was introduced. However، although this form is distinguished by its novelty in the corporate system، in the Algerian legal system it is different from the rest of the legislation that adopted it، as it The possibility of establishing it has been limited to companies that have a start-up enterprise mark only. This condition has led to the emergence of many legal problems resulting from the legislative contradiction between the provisions regulating simple joint-stock companies and the rules regulating start-up enterprises، some of which were due to the legislator’s neglect to address some important details related to This has affected the life and continuity of this company، which created a legal gap that requires rushing to fill it. The main problem lies in its practical application، given that the texts included in Law 22_09 are imported texts in which the legislator did not take into account the privacy of emerging institutions، and this has led to the emergence of a number of difficulties facing the application of these texts.