25 June 2022
26 Thul-Qi'dah 1443
/
عربي
Legislations
Display Legislations By Year
Display Legislations By Subjects
Display Legislations by Concerned Parties
Cancelled Laws
Search in legislations
Treaties
Display Treaties By Production Date
Dispaly Treaties By Subjects
Display Treaties By Organizations
Display Treaties according to Countries
Search in Treaties
Rulings
Rulings
Display Rulings by Session Date
Display Rulings by Subject
Search in Rulings
Full Rulings List
Sort By Courts
Court of Cassation
Civil & Trade Division
Penal Division
Combined Divisions
Criminal Provisions
Advisory Opinions
Display Opinions by Hearing Session Dates
Search In Advisory Opinion and Disciplinary Measures
References
Companies
Display Companies by Year
Display companies by activities
Display companies by owners
NGO
Display NGO's by date
Display NGO by activity
Dispaly NGO by owners
Official Gazette
Legal Magazine
My Profile
Log In
Last Visited
Clear Data
Legislations
Display Legislations By Year
Display Legislations By Subjects
Display Legislations by Concerned Parties
Cancelled Laws
Treaties
Display Treaties By Production Date
Dispaly Treaties By Subjects
Display Treaties By Organizations
Display Treaties according to Countries
Rulings
Rulings
Display Rulings by Session Date
Display Rulings by Subject
Full Rulings List
Sort By Courts
Court of Cassation
Civil & Trade Division
Penal Division
Combined Divisions
Criminal Provisions
Advisory Opinions
Display Opinions by Hearing Session Dates
References
Companies
Display Companies by Year
Display companies by activities
Display companies by owners
NGO
Display NGO's by date
Display NGO by activity
Dispaly NGO by owners
Official Gazette
My Profile
Clear Data
إستبيان
تنبيه
Legislations of Qatar 5686 legislations - 58361 Articles
Legislations of Qatar - International Agreements
Legislations of Qatar- Rulings
Main Page
/
Legislations
/
Law No. 5 of 2002, promulgating the Law of Commercial Companies
/
Part 1
/
General Provisions
Font Size:
/
/
Type of Legislation
Act
Amiri Decree
Announcement
Cabinet Decision
Constitution
Decision Misc
Decision of supreme council
Decision of the president of supreme council
Decision of the president of the board
Decision of the Prime Minister
Decree
Different/various
Document
Emiri Decision
Law
Ministerial Decree
Year of Issuance
2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989
1988
1987
1986
1985
1984
1983
1982
1981
1980
1979
1978
1977
1976
1975
1974
1973
1972
1971
1970
1969
1968
1967
1966
1965
1964
1963
1962
1961
1960
1959
1958
1957
1956
1955
1954
Law No. 5 of 2002, promulgating the Law of Commercial Companies
Law Summary Record
Type:
Law
Number:
5
Date:
25/05/2002 Corresponding to 14/03/1423 Hijri
Number of Articles:
348
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
03/08/2002 Corresponding to 25/05/1423 Hijri
Page from:
17
Send
Print
Top
First Section of Law
Previous Section of Law
Next Section of law
Last Article of Law
All
Add New Section
Section Name
General Provisions
1 Article
- Amended
In the application of the provisions of the present law,
unless
the context requires
otherwise, the words and expressions set forth below shall bear themeaning assigned
to each of
them
:
“Ministry” means the Ministry of Business and Commerce;
“Minister” means the Minister of Business and Commerce;
“Competent Department” means the relevant Department at the Ministry.
“Memorandum of the Company” means the Memorandum of Association of the company.
“Public Claim” means the criminal claim.
2 Article
- Amended
A commercial company is a contract in terms whereof two or more natural or juristic persons agree to participate in a project for the purpose of making a profit, by contributing in money or in kind to share the profits and losses of such project in agreed proportions.
The company may be constituted by one person in accordance with the provisions of Part Seven (as herein repeated) of this Law.
3 Article
Every company incorporated in Qatar shall hold the Qatari nationality. Such company shall have its principal office in Qatar and shall not automaticallybe entitled to privileges legally reserved for Qatari nationals.
4 Article
- Amended
Every company incorporated in the State of Qatar shall take one of the following forms:
General partnership
Limited partnership
Joint venture company/Particular Partnership
Joint stock company/shareholding company
Equities Partnership
Limited liability company
Sole proprietorship
Holding company
5 Article
Any company that does not take on the forms referred to in the preceding Article shall be deemed null and void, and any person who enters into a contract on behalf of such company shall be severallyand jointly liable for the obligations arising therefrom.
6 Article
Save as for a joint venture company, the Memorandum of Association and any amendment thereto shall be drawn up in Arabic and shall be attested by the Notary Public, otherwise the said Memorandum or its amendment shall be null and void.
7 Article
Partners may invoke nullity arising from failure to provide dully written or formalized Memorandum against each other, but no protest thereby may be admitted against third parties who may protest against the partners on the basis of such nullity.
8 Article
Save as for a joint venture company, no company shall enjoy corporate personality unless registered in accordance with the provisions of this Law. The managers or Board members of such company shall be,
mutatis mutandis
jointly liable for all the damages suffered by third parties due to the non-registration of such company.
9 Article
The share of a partner in a company may consist of a specified amount of fund (cash share) or may be made in kind (material assets) to serve the objects of the company. Such a share may take the form of work performance, provided that the share of a partner shall not be constituted by the reputation or the influence of such partner. The company's capital shall exclusively comprise cash and corporeal shares.
10 Article
Where the share of a partner comprises a title or any other corporeal right, such partner shall, in accordance with the applied regulations in respect of sale agreement, be liable to the guarantee of such a share in case of amortisation or maturity or in the event of an evident flow or shortage therein.
In the event of a share being based merely on utilization of property the applicable regulations in respect of rent agreements shall apply to matters referred to in the preceding paragraph.
Unless otherwise agreed, where a partner's share involved entitlements with third parties, such partner's liability towards the company shall be absolved only upon the settlement of these entitlements.
Unless otherwise agreed, where a partner's share is composed of efforts, then the profits arising from such efforts shall be the company's right unless such profits are achieved by virtue of a patent certificated.
A partner whose share is performance of work shall not perform the same work for his own account.
11 Article
Each partner shall be indebted to the company for the share pledged by himself and
unless settled on due dates, default partners shall indemnify the company against damages caused by such delay.
12 Article
No personal creditor may acquire his entitlements from the debtor's share in the company capital. However, such creditor may receive his entitlements from the dividends accrued to his debtor in accordance to the balance sheet of the company. If the company is dissolved, the creditor's entitlements shall be transferred to the share of his debtor in the surplus balance of the company's property after payment of the company debts.
Where the partner's share comprises stocks, his personal creditor may, in addition to the entitlements referred to in the preceding paragraph, request the sale of these stocks to satisfy his entitlements from the sale proceeds.
13 Article
The Memorandum of Associationmay not include any provision that deprives a partner of the profit or relieveshim from the loss; otherwise, such contract shall be deemed null and void. However, it may be stipulated that partners contributing only with efforts, shall be exempted from the loss.
14 Article
Where a partner's share in profit or loss is not specified in the Memorandum of
Association, his share thereof shall be prorate to his share capital. Where a Memorandum determines the partner's share in profits only, his share in loss shall be equal to his share in profits. The same ruling shall also apply if only the partner's share in loss was determined in the Memorandum.
Where a partner's share is limited to his efforts, and the Memorandum of Association have not fixed his share in the profit or loss, the company shall assess his work and such assessment shall be the basis for determining his share in the profit or loss in accordance to the aforementioned provisions. Where more than one partner contributes by their effort without assessment of their shares, such shares shall be deemed of equal value, unless proven otherwise. Where, in addition to his efforts, a partner' contribution is made in cash or in corporeal shares, he shall be entitled to a share in the profit or in the loss in consideration of his efforts, and to another share against his cash or corporeal share.
15 Article
Fictitious profits may not be distributed to the partners, otherwise the company's creditors may claim from every partner to reimburse the amounts he so received even in good faith. The partner may not be obliged to reimburse the real profits that he has received, notwithstanding that the company might incur a loss in subsequent years.
16 Article
All the contracts, correspondences, discharges and notices and other documents issued by the company shall bear its name and a statement of kind, head office and its serial registration number in the Commercial Register.
In addition to these particulars, save as for general partnerships and limited partnerships, the company's capital and the paid-up amount thereof shall be indicated. Where a company is in liquidation, such fact shall be stated in the papers issued thereby.
17 Article
- Amended
Notwithstanding the provisions pertaining to the incorporation of companies, the provisions of the present Law shall apply to foreign companies that operate their activities in the State.
18 Article
Without prejudice to the special provisions of each company, the provisions of this Part shall apply to all companies stipulated herein.
Add Comments
User Comments
Name
Phone
E-mail
Comment
Comments will not be shown on page. It will only send to portal administration
×
Login with Facebook
Login with Google