Legal Position of the Company’s Temporary Manager and the Extent of his Legal Responsibility “A comparative study“

Document Type : Original Article

Author

Unvrsitey halon

Abstract

The temporary management of companies is one of the new theories in the management of companies that face compelling circumstances, which lead to the inability of the current board of directors or the current managers of the company to carry out the tasks of their job, so the situation is forced to resort to the idea of appointing a temporary manager until a new board of directors is formed, not only in the cases of impossibility or Absence from the company’s management, but there are many other reasons that necessitate this, such as the disturbance of the company’s financial position, or abuse in the management, which inflicts damages that harm the interest of the company and its partners.

The Egyptian law paid attention to the idea of temporary management when they issued the Central Bank and the new banking system Law No. 194 of 2020, however, the Egyptian Companies Law No. 159 of 1981 and its amendments by Law No. 4 of 2018 only implicitly dealt with the theory of temporary management of companies despite its importance in terms of Realism in light of the tremendous economic development, and the companies’ exposure to emergency conditions that require resorting to the idea of temporary management to work on dissolving it and preserving the company as an existing legal entity, especially if it is one of the companies that have a role in the national economy.

Unlike the Saudi Companies Law, which stipulates in Articles 69 and 70 the idea of temporary management, shyly, using the term temporary committee and not temporary management due to the different legal positions arising from the two terms from a legal point of view and the effects arising from that, especially in the scope of legal responsibility for managing the company during the temporary

Keywords

Main Subjects