Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :48 Issue : 184 2022      Add To Cart                                                                    Download

Individual Institution Transformability into Company after Death of Licensee: An Analytical Study

Auther : Dr. Abdullah M. Alhayan - Dr. Mohammad A. Almutairi

Objectives: The study highlights the prospects of continuation of the individual institution and the one-person company with respect to the death of the licensee and sole proprietor, and the capacity of heirs to transform the individual institution into any form of company, as the existence of such regulation enhances actual participation in the company, reduces the number of ineffective projects, and facilitates circulation of projects among partners and third party, instead of having the representative of heirs as manager of the institution, while heirs not having the right to participate in the management of the institution.
Method: The one-person company regulated under Law No. 1 of 2016 issuing the Companies Law, and the individual institution, regulated under Commercial Law No. 68 of 1980 and Law No. 111 of 2013 organizing commercial licenses, which prompted this study to adopt an analytical approach to the relevant legal articles in each law in order to reach the best results and present the best proposals which can be consulted in the conclusion.
Results: This study indicates the deficiencies in the Kuwaiti legal system with respect to the individual institution, and the implications of the death of the licensee. Also, this study presents a set of legal solutions the legislature can adopt to achieve the continuation of individual institutions and their transformation into a company after the death of the licensee.
Conclusion: The study concludes that it is necessary to amend Law No. 111 of 2013 regulating commercial licenses, and amend Law No. 1 of 2016 issuing the Companies Law by establishing an integrated system for the individual institutions, whether the licensee is alive or deceased, and how the individual institutions could be transformed into a company after the death of the licensee.

Keywords: One-person company, Individual institution, Legal personality, Management, Transformation.

Journal of Law
Journal of Law

You are Visitor No.

110781

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Dec 26, 2021

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law