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Document Type

Original Study

Abstract

The legal systems have known different types of companies, as the company is considered the most appropriate legal receptacle for the purpose of employing investors’ money in projects of importance, which brings benefit to the owners of the invested capital as well as its great impact on the economy of the countries, and the holding company has had a share of this interest since ancient times among many of the countries and put detailed provisions for them commensurate with the importance that this type of company enjoys among other types, considering that it is a gathering of several subsidiary companies controlled by another company to take over as a result of this gathering the exploitation of huge capitals to carry out projects of a degree of importance, and in view of those advantages, it has gained This type of company is of interest to the Iraqi legislator, and its provisions have been established according to the Iraqi Companies Law Amendment Law No. (17) of 2019, which stipulates the definition of the holding company and the aspects of control over the subsidiaries and the many features that this company enjoys that make it the ideal type among the companies It is sufficient to refer the provisions of these texts to the texts of the joint stock company with the basic degree and the limited company to the extent that it can be said The holding company cannot be considered a new form added to the other types of companies, but rather it is a combination of several companies controlled by another company that takes the form of either a joint stock company or a limited company through its financing of these companies and thus achieving administrative control because these two types of companies are based on the financial consideration, which makes the The holding company is dominant over its subsidiaries administratively and financially, as well as its interest in exercising the role of oversight over these companies due to the benefit that its activity brings to the benefit of the holding company as well as the private benefit for each of them.

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