Conducting a Commercial Activity Without the Required Licence: Liability of the Company and Its Manager
A company may be validly incorporated and registered in the Commercial Register yet still lack authority to commence actual operations before obtaining the licence, approval or permit required to conduct the commercial activity where the law so requires. This distinction is fundamental in practice: incorporation does not replace operating licences or sector-specific approvals, and merely […]
Conducting a Commercial Activity Without the Required Licence: Liability of the Company and Its Manager
A company may be validly incorporated and registered in the Commercial Register yet still lack authority to commence actual operations before obtaining the licence, approval or permit required to conduct the commercial activity where the law so requires. This distinction is fundamental in practice: incorporation does not replace operating licences or sector-specific approvals, and merely […]
Disposal of Company Funds and Assets to the Detriment of Creditors During Financial Distress or Near Bankruptcy
Disposals by a company of its funds and assets during financial distress or near bankruptcy are among the most legally sensitive matters. Management remains required to preserve business continuity and deal with creditors, while certain transactions may become prejudicial to the body of creditors where they involve dissipation of assets, improper preference or concealment of […]
Sale or Provision of Products and Services in Violation of Consumer Protection Rules: Corporate Liability
Companies that sell or provide products and services to consumers in Egypt are subject to an integrated framework of legal obligations relating to product safety, accuracy of information, invoices, warranties, after-sales service, rights of replacement and return, and the handling of defects. Breach of these rules may give rise to different forms of liability depending […]
Misleading Commercial Advertising and Corporate Liability Under the Consumer Protection Law
Misleading commercial advertising and corporate liability under the Consumer Protection Law are among the most important marketing-compliance issues in the Egyptian market. The risk is not limited to the content of the advertisement itself but extends to price, payment methods, warranties, origin, advertised benefits, promotional offers and the clarity of restrictions and conditions presented to […]
Agreements Between Competitors on Prices or Market Allocation: Legal Risks for Companies
Agreements between competitors on prices or market allocation are among the most serious forms of restrictive practices under Egyptian competition law because their consequences may extend beyond regulatory exposure to criminal liability, substantial fines and personal liability for the person responsible for actual management. The issue is particularly sensitive in trade associations and chambers of […]
Customs Offences and the Liability of Companies and Their Managers in Import and Export Operations
Customs offences and the liability of companies and their managers in import and export operations are among the most sensitive compliance issues in international trade. An error in value, origin, tariff classification or documentation may remain a technical dispute or procedural violation, while in other circumstances it may amount to customs smuggling where the elements […]
Corporate Tax Evasion and the Liability of Managers and Persons Responsible for Actual Management
Corporate tax evasion and the liability of managers and persons responsible for actual management raise a nuanced issue under Egyptian law because a tax difference or accounting error does not, by itself, constitute a criminal offence. The matter may become tax evasion where false documents, artificial transactions or other unlawful methods are used to avoid […]
Fictitious Invoices and Sham Transactions Between Companies: Criminal and Tax Risks
Fictitious invoices and sham transactions between companies are among the most sensitive tax-compliance issues in Egypt because the risk is not limited to disallowance of an expense or adjustment of the tax base. The conduct may be characterised as tax evasion where fictitious documents or transactions are used to obtain an unjustified deduction, refund or […]
Forged Commercial Data and Documents in Sale, Supply and Service Contracts
Forged commercial data and documents in sale, supply and service contracts create legal risks that go beyond simple inconsistency between a document and reality. An invoice, certificate of origin, receipt report, work statement, shipping document or inspection certificate may directly support entitlement to payment, release of an advance, drawing under a documentary credit, or another […]
Fraud and Deception in Corporate Commercial Transactions: Criminal and Civil Liability
Fraud and deception in corporate commercial transactions raise a complex overlap between civil and criminal liability. Not every breach of contract becomes a crime, and not every fraudulent act is limited to a damages claim. This overlap is particularly significant in supply, agency, import and export contracts, M&A transactions and banking arrangements, where a dispute […]
Criminal Risks in Corporate Commercial Activities in Egypt: Contracts, Sales, Competition, Taxation, Customs and Licensing
The legal risks associated with commercial activity are not confined to contractual disputes or administrative fines. Sales, supply, invoicing, importation and marketing transactions may give rise to criminal proceedings where the statutory elements of an offence are established. Liability varies according to the conduct, the capacity of the person involved and the applicable legislation. Neither […]
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