In 1925 the English-Egyptian colonial authority in Sudan passed a business activities enactment . That law really considered as one of most modern act in the world, even than Britain empire's main land laws and Egyptian laws; Sudan that times was just ended his middle centuries an had no legislature reluctant especially in civil transactions and commercial activities field.
Sudan colonial administrators were proud of company law and they had a right to be proud.
Despite company law advanced start-on the companies in Sudan didn't get benefit from law advantages till the law amended in 2015!
So, what's the problem? In old law itself? Or in it's implementation? Or in bodies and instrument entitled to enforce law rules? And did 2015 amended enactment solved that problems and provide a suitable legal environment to develop economic activities ?
Sudan's old company law troubles:
May be the sole problem of 1925 company law is it's modernity itself, 'because modernity didn't accompanied with preparation and qualifying of instruments and bodies to enforce law and also to main beneficiaries (companies itself). Dilemmas of 1925 law is:
First: the practice lead to a phenomena of fictitious companies (a companies without headquarters, without shareholders; just one real and others are for fulfilling the requirement s of registration, and a phenomena of a companies established for one scheme or tender!).
Second: public and governmental companies outputs are worst and harm the legal and busines practices.
Third: companies had real existence in markets didn't use the company law doctrines faithfully; legal entity and successive nature, which invented to develop and improve business transactions, facilitate productive growth, and protect businessmen in case of bankruptcy etc. But they did nothing to introduce culture of joint work in business and modern version of business.
Fourth: companies in Sudan ignored the doctrine of company governance/ corporate governance ! They regard law requirements to hold general meeting and forming board as meaningless formalities. and when they form these bodies they did in meaningless and useless way.
The reasons lead to this situation is that all bodies of enforcing, interpreting, and applying law (commercial registration, law institutions and colleges, and courts) filed in their job. It is clear that the dilemma is not the articles of company law, it's in the bodies and institutions:
* The registrar (commercial registration) attached to ministry of justice, and managed by attorneys! Despite it's an economic and commercial department in the first instance, and need to be formed by re presenters from departments of finance, commerce, Labor, central bank, industrial and trade chamber...
Domain of attorneys over registrar department turned it to a procedural and routine office, concerned just about formalities and ignored what essentials. Also registrar department needs a reformations to consist with the federal system of state.
** law and business's institutes, colleges, and faculties didn't focus on explain the legal and management doctrine of corporate law to their students and community.
*** the contribution of judiciary and it's courts is very week. Over and above the jurisdiction shifted from a province court 'general court' so everyone can easily access to, to The commercial court! located only in Khartoum!
By: Anwar Suleiman
Sudan colonial administrators were proud of company law and they had a right to be proud.
Despite company law advanced start-on the companies in Sudan didn't get benefit from law advantages till the law amended in 2015!
So, what's the problem? In old law itself? Or in it's implementation? Or in bodies and instrument entitled to enforce law rules? And did 2015 amended enactment solved that problems and provide a suitable legal environment to develop economic activities ?
Sudan's old company law troubles:
May be the sole problem of 1925 company law is it's modernity itself, 'because modernity didn't accompanied with preparation and qualifying of instruments and bodies to enforce law and also to main beneficiaries (companies itself). Dilemmas of 1925 law is:
First: the practice lead to a phenomena of fictitious companies (a companies without headquarters, without shareholders; just one real and others are for fulfilling the requirement s of registration, and a phenomena of a companies established for one scheme or tender!).
Second: public and governmental companies outputs are worst and harm the legal and busines practices.
Third: companies had real existence in markets didn't use the company law doctrines faithfully; legal entity and successive nature, which invented to develop and improve business transactions, facilitate productive growth, and protect businessmen in case of bankruptcy etc. But they did nothing to introduce culture of joint work in business and modern version of business.
Fourth: companies in Sudan ignored the doctrine of company governance/ corporate governance ! They regard law requirements to hold general meeting and forming board as meaningless formalities. and when they form these bodies they did in meaningless and useless way.
The reasons lead to this situation is that all bodies of enforcing, interpreting, and applying law (commercial registration, law institutions and colleges, and courts) filed in their job. It is clear that the dilemma is not the articles of company law, it's in the bodies and institutions:
* The registrar (commercial registration) attached to ministry of justice, and managed by attorneys! Despite it's an economic and commercial department in the first instance, and need to be formed by re presenters from departments of finance, commerce, Labor, central bank, industrial and trade chamber...
Domain of attorneys over registrar department turned it to a procedural and routine office, concerned just about formalities and ignored what essentials. Also registrar department needs a reformations to consist with the federal system of state.
** law and business's institutes, colleges, and faculties didn't focus on explain the legal and management doctrine of corporate law to their students and community.
*** the contribution of judiciary and it's courts is very week. Over and above the jurisdiction shifted from a province court 'general court' so everyone can easily access to, to The commercial court! located only in Khartoum!
By: Anwar Suleiman
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