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المنهج القانوني لإدارة مخاطر الشركات
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تعد إدارة المخاطر أحد أهم مرتكزات حوكمة الشركات , و تلعب دورا هاماً في حماية الشركة من التهديدات الخارجية و رصد الفرص المتاحة لتحقيق أهداف الشركة , و في سبيل تأدية واجبها على أكمل وجه تحتاج إدارة المخاطر لإتباع منهج قانوني في عملها , أو الاسترشاد بالمبادئ و المعايير التي تضعها منظمات أو لجان دولية حماية لقطاع معين كلجنة بازل لحماية الأعمال المصرفية , إذ أن المبادئ العامة في إدارة المخاطر تقوم على تحديد و تقييم و قياس و مراقبة المخاطر وفق إستراتيجية معينة تعتمدها إدارة المخاطر, و بالتالي يمكن لإدارة المخاطر في الشركات أن تأخذ من القواعد العامة التي تضعها اللجان الدولية بما يناسب طبيعة أعمالها .
The risk management one of the most important pillars of corporate governance, and play an important role in protecting the company from external threats and opportunities exist to achieve the objectives of the company, and in order to fulfill its duty to the fullest risk management need to follow a legal approach in their work, or guided by the principles and standards set by organizations or committees international protection for the sector given as a committee of the Basel to protect the banking business, as the general principles of risk management is to identify, evaluate and measure and control the risks according to specific strategy adopted risk management, and can therefore risk management in companies that take the general rules laid down by the international committees to suit the nature of its business.
References used
Holmes , A2002- Risk Management . First Published , Capstone Publishing
2004 - The Orange Book (Management of Risk-Principles and Concepts). HM Treasury , London
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as it leads to termination of such company and the end of its legal
personality and the transfer of its f
inancial disclosure to the merging
company or the new company.
Therefore, the creditors' rights would be jeopardized when the
financial position of any of the companies in the merger is insolvent,
which leads to weakness of general guarantee of creditors, so the
legislations stipulated on definition of the destiny of such debts, as
well as giving creditors the right to object on the merger if it would
jeopardizes their rights.
However, these legislations varied in regulation of it. This is the focus
of the research, i.e. around the legal regulation of creditors in objection
on the merger decision and the problems imposed by this regulation, as
the Syrian legislator regulated the right of objection.
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advantages, and their work field. Then, we clarified the legal
provisions which govern the work of these companies in ter
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of their legal form, their nationalities, their qualities, their
establishment, and their end. Among the most important
results of the research was that the nature of companies of free
zones was different from the nature of national companies,
where this requires formulating special legal rules that organize
the work of these companies. In fact, the Syrian legislator was
not successful in this regard in the light of the lack of legal
provisions which regulate the work of such companies, where
this may raise confusion between the provisions of these
companies and the other provisions related to the work of
companies in general outside the scope of free zones. The
research concluded with many recommendations, the most
important of which was formulating special legal regulation for
the companies of free zones in terms of their establishment,
nationalities, work, and distinction from other companies in
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period, are rarely carried out a dam in Syria within the estimated plan which develo
ped his
of the cost and time, this is due to the risks that intercepted projects during the
implementation phase and directly influenced the basic project objectives ( cost and time
and quality).
This research experiences to the reality of the implementation of the late dams,
through undertake a study the risks suffered by the implementation of sector and
influenced the basic objectives of the project (cost - time - quality), through a field survey
study includes more than thirty-five dams in Syria.
For this purpose have been used survey was distributed to a slice of experts and
technicians in the form of dams, has enabled to obtain a list of the risks faced by the
implementation of dams in addition to the assessment, In an attempt to develop a scientific
methodology to analyze and manage the risks of dam projects by assessing the probability
of their occurrence and their impact on the objectives of the project in the event of
occurrence, with introduce a new standard for evaluating a detection / control, As per the
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the work of staff in all departments and especially with regard to the audit
procedure and the authors of the lists and financial statements of commercial banks
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electronic processing used and the control procedures for the operations of the
Commercial Bank and the extent to which reliability and avoid for personal
provisions erroneous findings of this study to several conclusions and
recommendations, among which was a commitment to good and acceptable
standards of internal auditing standards, especially concerning the characteristics
independence, objectivity, competence and professional due diligence and a link to
the size of the internal audit quality Bank's capital and there is a shortage in the
number of simple internal auditors. The most important recommendations was on
the Jordanian Commercial Banks set a number sufficient internal auditors and
qualified rehabilitation auditors continuously and must be on the Central Bank of
Jordan and the organizers of the work of Jordanian Commercial Banks to issue
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ensure the reduction of the personal provisions for preparers of financial statements
commercial banks in Jordan. ...
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