Difference between joint stock companies - limited by shares - limited liability - one person
Law No. 159 of 1981 promulgating the law of joint stock companies, partnerships limited by shares, limited liability companies, and one-person companies, determined the difference between each of them, and several important matters when they were established.
Six definitions were identified for each of them, as follows:
Article No. 1
The provisions of this law shall be subject to joint stock companies, partnerships limited by shares, limited liability companies, and one-person companies that have their head office in the Arab Republic of Egypt, or where they conduct their main activity.
And every company established in the Arab Republic of Egypt must take its main center in Egypt.
The company’s articles of incorporation specify the address of its head office where its management work is carried out, and the company is obligated to publish every amendment that occurs to the address of its head office, otherwise measures may be taken, including directing advertisements to the address of its head office which is published in the commercial registry.
Article No. 1 bis
Without prejudice to the provisions of the Capital Market Law promulgated by Law No. 95 of 1992, the Law of Economic Zones of a Special Nature promulgated by Law No. 83 of 2002, and Investment Law No. 72 of 2017, referred to, the Authority shall provide incorporation and post-incorporation services for companies subject to the provisions of this Law. .
The Authority is committed to automating these services and standardizing its procedures in accordance with the provisions of Article (50) of the Investment Law promulgated by Law No. 72 of 2017, and the procedures for electronic incorporation shall apply exclusively to other procedures contained in any other law immediately upon activation.
The executive regulation of this law defines the rules for working with the incorporation system and electronic services for companies and establishments subject to its provisions.
Article No. 2
A joint stock company is a company whose capital is divided into shares of equal value that can be traded in the manner specified in the law.
The responsibility of the shareholder is limited to the performance of the value of the shares he has subscribed for, and he is not liable for the company's debts except to the extent of the shares he has subscribed to.
The company shall have a trade name derived from the purpose of its establishment, and the company’s trade name may include the name or title of one or more of its founders.
Article No. 3
A partnership limited by shares is a company whose capital consists of one or more shares owned by one or more general partners, and shares of equal value subscribed to by one or more shareholders, and they can be traded in the manner specified in the law.
The partner or the general partners shall be liable for the company's obligations with unlimited liability. As for the contributing partner, he shall not be liable except within the limits of the value of the shares he has subscribed for.
The title of the company shall consist of the name of one or more of the names of the general partners only.
Article No. 4
A limited liability company is a company in which the number of partners does not exceed fifty partners, each of whom is liable only to the extent of his share.
It is not permissible to establish a company, increase its capital, or borrow for its account through public subscription, and it may not issue tradable shares or bonds, and the transfer of partners’ shares in it is subject to the partners’ redemption in accordance with the special conditions contained in the company’s contract, in addition to the conditions stipulated in this law.
The company may take a special name, and its name may be derived from its purpose, and its title may include the name of one or more partners.
Article No. 4 bis
A one-person company is a company whose capital is fully owned by one person, whether natural or legal, in a manner that does not conflict with its purposes, and the founder of the company is not responsible for its obligations except within the limits of the capital allocated to it.
The company takes a special name for it that derives from its purposes or from the name of its founder, and its name must be followed by what indicates that it is a one-person company with limited liability, and it is placed on its head office and branches - if any - and in all its correspondences.