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    • Announce
      إعلان مهم
      Dear Students, You are informed that tomorrow's class(29/10/2024) will be conducted at 2pm on JITSI.
      Dr.Bedj Bedj Toufik
      نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جس تي بداية من الساعة الثانية زوالا
        د. بج بج توفيق

    • إعلان مهم
      Dear Students, You are informed that tomorrow's class(05/11/2024) will be conducted at 14:00pm on google meet.
      Dr.Bedj Bedj Toufik
      نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية  14:00
        د. بج بج توفيق


    • إعلان مهم
      Dear Students, You are informed that tomorrow's class(12/11/2024) will be conducted at 14:00pm on google meet.
      Dr.Bedj Bedj Toufik
      نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية  14:00
        د. بج بج توفيق

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    • إعلان مهم
      Dear Students, You are informed that tomorrow's class(19/11/2024) will be conducted at 14:00pm on google meet.
      Dr.Bedj Bedj Toufik
      نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية  14:00
        د. بج بج توفيق

      ا




    • إعلان مهم
      Dear Students, You are informed that tomorrow's class(03/12/2024) will be conducted at 14:00pm on google meet.
      Dr.Bedj Bedj Toufik
      نعلم جميع الطلاب أن حصة اللغة الانجليزية ستكون مباشرة على جوجل ميت بداية من الساعة الثانية  14:00
        د. بج بج توفيق


  • COURSE PROFORMA

    Academic Session

    2024/2025

    Course Code

    BL MA 2/1

    Course Title

    English Legal Terminology Business Law

    Medium of Instruction

    English

    Credit

    2

    Student Learning Time (SLT)

    26

    Lecturer

    Dr. Bedj Bedj Toufik

    Room

    Online

    e-Mail

    bedjtoufik@gmail.com

    Lecture Session / Day

    14:00 - 15:30 / Tuesday

    Assessment Weightage:

    -Continuous Assessment

    -Final Examination

    10%

    90%

























    II / Course Objectives

    The course is designed to achieve several major objectives:
    - Students will learn the essentials terms used in Business law in English.
    - Students will cultivate a conceptual of the overall Business Law
    - Students will be prepared to pass the English Terminology Exam.

    III / Learning Management System (LMS)

    - 10 weeks mean 10 lectures
    - Lecture will be conducted online through JITSI or google meet.
    - Lecturer shares lecture screen PowerPoint slides with students.
    - Lecturer explains the topic using English as medium of  instructions (EMI), and use  Arabic or French to translate key words .
    - Lecturer engages students in discussions.

    IV/ Course Presentation

    Topic 1: Introduction to Business Law
    Topic2: Types of Business Entities in Algeria
    Topic 3:  Regulatory Compliance of Business Entities in Algeria

    Topic4: The Algerian Investment Law -An Overview
    Topic5: The Algerian Taxation Law -An Overview
    Topic6: Overview of the Algerian Competition Law

     


  • Topic: 1 Introduction to Business Law

    Introduction

    Business law is also known as Commercial law or corporate law encompasses all of the laws that dictate how to form and run a business. It is often considered to be a branch of civil law and deals with issues of both private law and public law. 

    The Algerian Legal Framework

    The Algerian business law is a complex framework influenced by civil law traditions and shaped by the country's unique economic and political environment. It encompasses various aspects including company formation, commercial operations, and regulatory compliance for both domestic and foreign entities.

    The Algerian legal system is primarily based on civil law, with significant emphasis on public law due to the state's role in economic activities. The Constitution guarantees individual and collective freedoms while establishing a multi-party system. Key elements of the legal framework include:

    • Commercial Code: Governs the formation and operation of companies, including registration requirements and types of business entities.

    • Investment Law: Recent reforms have aimed to attract foreign investment by relaxing previous restrictions, such as the 51/49 rule, which required foreign investors to partner with local entities holding at least 51% of the shares

    • Finance Laws: These laws regulate taxation, including income tax and value-added tax (VAT), and provide incentives for reinvestment of profits




  • Topic 2:Types of Business Entities in Algeria

    Algerian law recognizes several forms of business entities, each with distinct characteristics:
    • Joint Stock Company (SPA): Requires a minimum capital of 5 million dinars for public companies and 1 million dinars for private ones. It must have at least seven partners.

    • Limited Liability Company (SARL): Common among small to medium-sized enterprises, requiring a minimum of two and a maximum of 50 partners. The minimum capital is 100,000 dinars.

    • Sole Proprietorship (EURL): A single-member LLC allowing for simplified management.

    • Partnerships: Includes general partnerships (SNC) where all partners are liable for debts, and limited partnerships (SCS) where liability is limited to contributions

  • Topic 3: Regulatory Compliance of Business entites in Algeria

    Businesses must adhere to various regulatory requirements:
    • Registration: All companies must register with the Trade Register to operate legally. This includes submitting notarized articles of incorporation and publishing them in official bulletins

    • Licensing: Specific licenses may be required depending on the nature of the business. Service firms must either register or open a representative office if they are foreign entities

    • Taxation: The Algerian tax system has undergone reforms to simplify tax obligations. Companies are subject to corporate income tax (CIT) and VAT, with specific provisions for exemptions in certain sectors like hydrocarbons

  • Topic 4: The Algerian Investment Law -An Overview

    Introduction:

    Algeria’s new Investment Law, promulgated in July 2022, provides a series of measures to encourage investment with the aim of spurring the development of Algeria’s high value-added industries, promoting technology transfer, boosting the creation of long-term stable employment opportunities and enhancing Algeria’s economic competitiveness and export capacity.

    In September 2022, Algeria published the implementing rules to accompany the new Investment Law. An analysis reveals six measures in the new Investment Law and the implementing rules that are bright spots well worth the attention of foreign investors.

    (1) Establishment of a new integrated investment management authority. While retaining the National Investment Council, the new Investment Law renames the former National Investment Development Agency as the Algerian Investment Promotion Agency and establishes the High National Commission for Investment Appeals.

    The National Investment Council is responsible for formulating the national investment strategy, ensuring the overall consistency of the investment strategy and assessing its implementation. The Algerian Investment Promotion Agency is responsible for registering investments, administering investment incentives, and establishing and managing a digital platform used by investors. The High National Commission for Investment Appeals under the Presidency, with members including judges and economic, financial and other such experts, is responsible for ruling on appeals lodged by investors pursuant to the new Investment Law, opening up a new avenue for investors to seek investment remedies.

    (2) Establishment of one-stop shops. Pursuant to the new Investment Law, the Algerian Investment Promotion Agency will establish one-stop shops functioning as investment service centres at national and local levels, with a one-stop shop at national level providing services mainly for major projects (in which the investment amount is at least DZD2 billion (USD14.2 million) and foreign investments.

    The one-stop shops cover administrative authorities and various investment-related functions such as taxation, customs, trade registration, urban planning, land, etc. An investor can carry out the various approval and permit procedures (including land procedures) required for implementing its investment project via these shops. It is expected that the one-stop shops will establish a digital service platform for investors to ensure that the process of implementing investment projects will be open and transparent, and further enhancing the convenience and investment efficiency of foreign investment.

    (4) Optimisation of investment incentives. Pursuant to the new Investment Law, investors registered through the above-mentioned one-stop shops are eligible for such investment incentives as exemption from customs duty, value-added tax and property tax relating to their investment projects, as well as exemption from taxes on profits and taxes on professional activity for five to 10 years of their projects’ operation.

    These incentives apply to the following three types of investment projects:

    1.     Industry-specific projects including investment projects in such industries as new and renewable energy, food, pharmaceuticals, petrochemicals, agriculture, aquaculture and fisheries, mining, tourism, information and communication technologies;

    2.     Zone-specific projects including investment projects implemented in Algeria’s highlands and southern regions, developing regions requiring special state support, and regions with natural resources awaiting exploitation; and

    3.     Structured projects, namely investment projects capable of offering at least 500 job openings, with an investment amount of at least DZD10 billion and that are conducive to Algeria’s achievement of the following objectives: (i) import substitution; (ii) export diversification; (iii) integration into global and regional value chains; and (iv) acquisition of technology and know-how.

    It should be noted that the new Investment Law also enumerates “negative list” type activities, goods and services to which the above-mentioned incentives do not apply. For example, the business activities of some pharmaceutical enterprises are not eligible for industry-specific investment incentives.

    (5) Specification of the minimum threshold applicable for the investment return transfer guarantee system. The new Investment Law retains the investment return transfer guarantee system of the old law: that foreign investors have the right to transfer abroad in foreign currency their capital invested in Algeria, returns generated and proceeds derived from the sale and liquidation of their investment projects.

    Given that the old law did not specify the preconditions that investors were required to satisfy in order to transfer investment returns abroad, the new Investment Law expressly provides this, setting out the minimum threshold for the above-mentioned investment return transfer guarantee system of at least 25% of the total investment cost of the project.

    (3) Ensuring the stability of the law. The new Investment Law provides that, unless explicitly requested by investors, any possible amendment or repeal of the new Investment Law in future will not apply to investment projects already registered and implemented under the law, thus ensuring the stability of the law applicable to existing projects.

    (6) Improvement of investment assessment and oversight mechanisms. The new Investment Law sets out the methods for assessing each investment incentive based on quantifiable weighted criteria, which determine the duration of tax exemption for which investment projects are eligible during their operational phases.

    Additionally, the new Investment Law specifies penalties for which investors may be liable in the event of a violation of laws or regulations.

    For example, an investor is required to submit a report on the progress of its investment project to the Algerian Investment Promotion Agency within 30 days of securing the signature of the tax authority. If it fails to do so within the prescribed time without a reasonable explanation, the Algerian Investment Promotion Agency has the authority to cease the application of the investment incentives to the project in question and demand the investor to repay the taxes from which it had previously been exempted.

    * Reference: Wang Jihong Partner Zhong Lun Law Firm and Wu Peng Associate Zhong Lun Law Firm, Overview of bright spots in Algeria’s new Investment Law, China Business Law Journal 2023. Available at:

    https://law.asia/algeria-new-investment-law/#:~:text=Algeria's%20new%20Investment%20Law,employment%20opportunities%20and%20enhancing%20Algeria's Retrieve :28 2

    Retrieve:28 2 2023