Document Details

Document Type : Thesis 
Document Title :
The Protection of Minority Members in Limited Liability Companies An Analytical Study in Light of Corporate Law and Judicial Jurisprudence in the Kingdom of Saudi Arabia
حماية حقوق الشركاء الأقلية في الشركة ذات المسؤولية المحدودة دراسة تحليلية في ضوء نظام الشركات والاجتهاد القضائي في المملكة العربية السعودية
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : Minority partners are considered as the weak link in the limited liability company since they only share little ownership in its capital. One of the major threats to the interests of this group is the majority-made arbitrary decision that harms the minority. The present research dealt with the issue of protecting the rights of minority members from the abuse of the majority in the limited liability company. Following an analytical approach in explaining those rights and means, it analyzed the relevant rules of corporate law and the applications of jurisprudence released in the Kingdom of Saudi Arabia. The research supported the following findings: 1) the Saudi Companies Law issued by Royal Decree No م/3 dated 28/1/1437 AH offers the minority legal and judicial protection for several administrative and financial rights in their capacity as partners in the company, not as a minority. 2) Judicial jurisprudence has participated in activating this protection through the invalidity lawsuit and the liability lawsuit, which secure the invalidation of the decision or the compensation judgement. 3) In Article 178 of the former legislation (issued in 1437 AH), as well as in Article 170 of the current legislation (issued in 1443 AH), the Saudi regulator limited the cases of invalidity of the majority decision in the General Assembly to only two cases: the violation of the articles of association and the memorandum of association. Those limitations have been placed without expatiating on the arbitrary decision of the majority voted in the General Assembly. Hence the research suggests a review of the article by authorizing the annulment of the General Assembly’s decision as soon as it is deemed arbitrary. This, in a way comparable to the Egyptian legislator, as it mentioned such possibility in an implicit fashion. 
Supervisor : Prof. Naif Sultan Alshareef 
Thesis Type : Master Thesis 
Publishing Year : 1444 AH
2023 AD 
Added Date : Wednesday, August 9, 2023 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
شروق عايض المالكيAlmalki, Shuruq AyidResearcherMaster 

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 49283.pdf pdf 

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