امور شرکت ها

Companies in any way they are established and active are among the most important economic and service actors of every country.

In order to start their activities or continue their business, some businesses need to register their desired company or services in the country’s real estate registration organization, which naturally occurs in the process of registration and changes of companies or disputes between members and their obligations in Disputes may arise between each other or third parties, or claims and division of profit and loss, etc., which will bring them to the court.

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In this section, the experts and lawyers of the Justice Law Institute are ready to provide international legal advice and services regarding the related legal issues.

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What is a company?

The word “company” literally means a partnership of 2 or more people who pursue a specific goal. This company needs to be registered in order to be legalized and have the support of the government, so that the partners are transformed from real persons to a legal person.

From a legal point of view, a company is a group of natural or legal persons that is based on a contract. In that contract, it is mentioned that the people will share the profits from the company’s capital among themselves according to the agreement.

The meaning of the word profit is that after receiving the company’s income or its gross profit and deducting the expenses incurred from that amount, the remaining amount of profit is divided between people. It should be noted that for the formation of a company, there must be at least two people.

Types of companies:

۱- Limited liability

۲- Special shares

۳- Common stock

۴- Solidarity

۵-Non-commercial institution

Non-commercial (civil) companies :

Civil companies are an example of companies that are formed between several natural or legal persons. These companies operate in line with their goals, including profit and… They may have different work fields. What is clear and obvious is that all the members of these companies have the same share in any profits and losses that are caused by the activities of the company. Civil companies are established in 2 types of profit and non-profit.

commercial companies:

Commercial companies, like civil (or non-commercial) companies, try to obtain profits and divide them between company members and related staff in a legal way. In fact, all businesses are formed with this goal in mind. These activities are formed around the limits and laws of commercial and commercial affairs of the country.

Commercial companies include 8 different types:

  1. Publicly traded companies
  2. Private joint stock trading companies
  3. Commercial companies with limited liability
  4. Relative trading companies
  5. Partnership trading companies
  6. Joint stock commercial companies
  7. Non-stock mixed business companies
  8. Production and consumption cooperative commercial companies

Company LLP

There are types of commercial companies whose capital is divided into different numbers of shares. A part of this total capital, which the founders either could not afford or did not intend to, will be provided through the sale of shares to various individuals. It is very clear that the responsibilities and powers of shareholders and their limits in decisions related to corporate issues depend on the amount and amount of their share of the total capital of the company.

Private joint stock company

These types of companies are trading companies. There are many similarities between private and public companies. But it is these differences that are considered important. In the registration of a private joint stock company, all the capital of the company is provided exclusively by the founders and main members.

This capital is divided under the title of shares, and the responsibility and limits of people’s decisions depend on their share in the original capital. The number of shareholders must not be less than three, and the words “private joint stock company” must be written clearly and legibly before or after the name of the company without a space.

Limited liability companies

In the type of limited liability business companies, the company is formed between several founders (which obviously must be more than 2 people) to carry out business and economic activities.

In the registration of a limited liability company, each of the partners, without having divided their capital into shares, participates only in the amount of their contributed capital in the affairs of the company, responsible for debts and obligations and other financial and spiritual matters.

In this example, as in other cases, the word “limited liability” must be written in the name of the company before or after the name of the company. Also, this issue should be mentioned in the company’s official or unofficial documents and advertisements.

Relative companies

Relative business companies are types of companies that are formed between more than one person under a specific name to carry out profitable economic activities. Like other companies, the responsibility and limits of people in decision-making depend on the capital they have invested in the company and are partners in it.

In the name of the relative company, the phrase and at least the name of one of the partners must be mentioned; If the name of the company could not include the names of one partner (this is the case if the number of partners is large); It is necessary to mention a phrase such as “and brothers” and “and partners”, which shows the relationship between them, after the name of the mentioned partner or partners.

Partnership companies

The type of joint ventures is formed under a special name for business activities between several persons with the responsibility of being a guarantor.

In this type of partnership, if the assets of the company and the profit from the transactions and activities carried out in the company are not enough to pay all the debts created and the expenses incurred by the company; Each partner will be responsible for paying all the debts of the company.

Any agreement that is arranged between the partners contrary to this (even if it is mentioned intentionally or otherwise in the main articles of association) in front of other persons, cannot be submitted to the court of law in any way. In this case, like other examples of commercial companies, the name of the joint venture must include the words “joint venture” and at least the name of one of the partners.

Joint stock companies

Joint-stock companies are another type of commercial companies that can be said to have a mixture of the characteristics of joint-stock and joint-stock companies, either private or general. These companies are formed by a number of equity partners and one or more guarantor partners.

Equity partners are mostly people whose capital is in the form of equal shares of al-Qaima. The responsibility and limits of authority in decision-making are equal to the amount of capital with which they are involved in the partnership and which they have invested in the company. Guarantor partners are also those whose capital is not in the form of shares, but they are responsible for all debts and expenses in the company that have not been distributed in the form of shares.

Also, all the loans that can be found in addition to the fixed assets of the company. In these companies, before or after the name of the company, the word “mixed company” should be written and the name of at least one of the partners should be stated.

Mixed non-stock companies

Non-stock mixed model commercial companies are companies that are formed to carry out economic and commercial activities with a special name between one or more persons, including guarantor partners and partners with certain limits and limits, without dividing shares. .

The guarantor partner is responsible for all debts that may be found in addition to the company’s assets. A limited partner is a person whose responsibility is only up to the amount of capital he has invested in the company. Like all companies, at least the name of one of the guarantor partners must be written next to the word “mixed company” in the company name.

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Production and consumption cooperative companies

The last type of commercial companies are production and consumption cooperative commercial companies. Cooperative commercial companies, like other companies, different people come to the field and by creating partnerships, they try to perform profitable economic activities based on the law.

In these companies, between 51 and 100 percent of their original and established capital is transferred to the company by the members who are in the company. These companies operate in different fields such as animal husbandry and agriculture, fisheries, various industries, etc. One of the things that these companies can use to generate profit is that according to the article in the law of the Islamic Republic, they can receive interest-free loans from the government and banks, and other methods that For profit in a legal way, use it.

This will increase the capital of the company and bring moral credibility. People who want to work in this routine do not need to be members of the company. Also, these cooperative companies can engage in international commercial activities within the framework of the law, including export and import, etc.

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