Government Membership in Commercial Companies in Iraqi Laws (A Comparative Study)

The multiplicity of the commercial company is an important pillar of the national economy, and the cornerstone of economic activity, so it has sometimes had a power that is only surpassed by the authority and influence of the state. In view of the solidarity and cooperation based on it among its members with the money they have, and the strength of consideration and management that does not reach the level of the individual. In Iraq, the importance of commercial companies has increased due to the great role they play in building national economies and contributing to their growth as economic units around which various economic activities are concentrated in order to invest in them. In Egypt, the commercial company is a way to get individuals to invest their savings in it, so the effects of establishing these companies and practicing their activities are not limited to their founders only, but extend to include the national economy, the public of savers and the people who contract with the company and deal with it. In the face of this great role that commercial companies play in the legal and economic life, the state intervenes to regulate them and control their provisions and rules of management through the supervision and control of these companies, whether they are in the process of being established or after they have acquired a legal personality, and the purpose of this is to find successful means of protection Guidance and giving confidence that these legal entities (companies), are established, run, and even ruled in accordance with the public interest. Thus, state control achieves a kind of balance between the general interest of society and the legitimate interests of the partners. The state cannot leave the process of establishing companies and their activities and their expiry to the will and desires of individuals, without there being restrictions by which to verify the legality of these companies, and the extent to which they achieve the goals for which they were founded. The absence of oversight can lead to manipulation, fraud and exploitation, with the intention of collecting funds and defrauding the public, which leads to great damage to the national economy. Therefore, supervision varies according to the economic system prevailing in the country. The state’s adoption of the planned economy method makes it dominate the economic activity so that the companies in it are state-owned, and there is no justification for talking about state control. Role in the national economy. The main objective of our research is to clarify the Governmental membership in commercial companies in the Iraqi and Egyptian laws, and the descriptive analytical approach has been followed to solve the basic problem. One of the results of the research is that oversight is one of the most important mechanisms of the nodal concept of the company. The company, as a contract, is subject to the principle of the authority of the will, which makes the will of the contracting parties a major role in concluding the contract and arranging its effects.