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The Joint Stock Company is the type of company formed to exercise business on a

by | May 15, 2022 | Law | 0 comments

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The Joint Stock Company is the type of company formed to exercise business on a large scale with a huge capital. The interference of the legislatures in organizing the management of the joint stock company is greater than their interference in other types of companies; and this is due to the important role that this company plays in the growth of the national and international economy as well as investment opportunities across the Kingdom of Saudi Arabia.
In addition, the Capital Market Authority and the Ministry of Commerce have jointly worked towards issuing the “Corporate Governance Regulations” applied to Joint Stock Companies.
Corporate Governance as stated in the regulations is defined by the “rules to lead and guide the Company that includes mechanisms to regulate the various relationships between the Board, Executive Directors, Shareholders and Stakeholders, by establishing rules and procedures to facilitate the decision making process and add transparency and credibility to it with the objective of protecting the rights of Shareholders and Stakeholders and achieving fairness, competitiveness and transparency on the exchange and the business environment.”
Students are requested to write an essay in which they:
– Identify the role of the Board of Directors in managing a Joint Stock company, protecting the rights of its shareholders.
– Specify the liabilities and penalties imposed on the Board of Directors in the event they breach their roles and duties mentioned in the above paragraph.
Students can use the following sources:
1. The Companies Law issued by the Royal Decree No M/3 dated 28/1/1437H (particularly the part related to the joint stock company and penalties at the end of the law).
2. The Corporate Governance Regulations Issued by the Board of the Capital Market Authority pursuant to resolution Number (8-16-2017) Dated 16/5/1438H Corresponding to 13/2/2017,
3. The penalties imposed by the Capital Market Authority on the companies’ board of directors that violated the Saudi rules. Students shall find the penalties published on the CMA’s website.
4. Scholarly articles provided it is reliable and published on Edu or Gov. Website
5. University electronic website.
6. The OECD principles of Corporate Governance.
Guidelines:
3- The students’ writing must be supported with legal cases which have been ruled in Saudi Arabia. An essay which consists of only stating the text of the law or the regulations without discussions will get an F grade. Senior students should be able to read, understand emphasize ideas and write a proper essay supported by evidence and engaging arguments.
4- Your answer should be typed in Times New Roman, size 12with double spacing and justified formatting.

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