Document Type
Original Study
Abstract
This study deals with determining the legal scope of qualified acquisition holding in banks, this modern term (qualified holding) that came to our legislation under the order of the Coalition Authority, specifically in Banking Law No. (94) of 2004, along with other terms such as the term banking guardianship and the term bank, which were not known. The wisdom behind defining this term (qualified holding ) is based on ensuring that the people who will have the ability to control the bank’s policies and control the decisions issued by the general assembly due to the influential percentage they hold that enable them to exercise dominant influence and possessing the skills and capabilities that enable them to manage the bank in a safe and rational manner and to limit, as much as possible, the cases of financial distress that banks may be exposed to. The various legislations have clarified the legal scope of the persons who will have the ability to exercise this dominant influence and obligated each person to obtain prior approval from the authority competent to supervise banks before deciding to obtaining a specific percentage of the bank’s capital, voting rights, or any percentage that enables it from exercising its dominant influence.
Recommended Citation
amin, khalis nafie and Al-Tamimi, Abdullah Abdul-Sada Jouda Bandar
(2023)
"The legal scope of acquiring qualified tenure in banks,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 3:
Iss.
2, Article 13.
Available at:
https://ijsu.researchcommons.org/ijsu/vol3/iss2/13