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Law No. 23 of 2010 regarding Commercial Activity 

Published on

Page 12 of 13

Table of Contents

Book Twelve Chambers of Commerce, Industry, Agriculture and General Union of Chambers 

Article 1328 

Definition 

The Chambers of Commerce, Industry and Agriculture are national institutions having legal personality and independent financial obligation. The Chambers aim at managing the agricultural, industrial, commercial and economic interests and taking the actions appropriate for booming the economic activity, serving their members, cooperation with public and national bodies for achieving he objectives of the socio-economic development. 

Article 1329 

Establishment of Chambers 

The establishment and cancellation of Chambers shall be by a resolution of the concerned Secretary. The resolution issued for establishment of each Chamber shall define its head office, scope of its powers and the number of members of its Management Committee. 

Article 1330 

Powers of the Chambers 

The Chambers shall exercise, within the scope of their powers, the acts and disposals that shall contribute to achievement of their purposes, in compliance with provisions of the other related legislations, particularly the following: 

  1. Organization of economic seminars, training courses, participation in activities of councils, committees and conferences regarding economic and commercial activity, giving opinion, provision of experience and technical advice on economic and commercial issues. 
  2. Gathering of information, data and statistics concerning the Commerce, Industry and Agriculture within the scope of their powers and analysis and publishing thereof in scientific manner.
  3. Assuming the profession affairs and the joint interests of their members with public authorities within their powers. 
  4. Settlement of commercial dispute which shall arise between their members through reconciliation and arbitration based on agreement of the concerned parties. 
  5. Follow-up of the commercial, industrial and agricultural activities, monitoring the difficulties and proposal of solutions in coordination with concern authorities. 
  6. Issue of economic newsletter and commercial guide. 
  7. Issue of certificates of origin on source of the goods and national products and goods prices and all the certificates to be defined by the Competent Secretary. 
  8. Certification of papers and statements related to economic and commercial activity within the scope of their powers. 

The executive regulation shall define the Chambers detailed powers. 

Article 1331 

Registration in the Chambers 

Registration in the Chambers records shall be compulsory to any natural or legal person engages in commercial or industrial or servicing activity. The executive regulation shall define the duration of the registration and its fees. 

Article 1332 

Renewal of Licensing 

The licensing of practicing any commercial or industrial or servicing activity may not be renewed unless the person who is under obligation to register has submitted to the authority concerned with issuance of the license an evidence of his registration in Chamberís records and paid the prescribed fees. 

Article 1333 

General Assembly

The General Assembly of the Chambers shall be formed of a Secretary to be selected by the Competent Secretary and all the members of the Sections Committees. The General Assembly shall be concerned with the following:

  1. Approved of the balance sheet and the final account. 
  2. Consideration of report of the Board of Directors on Chambers activities.
  3. Consideration of the auditorís report. 
  4. Nomination and fixed the fees of the external auditor. 

Article 1334 

Management of the Chamber 

The Chamberís Management Committee shall be composed of a number of members according to what is to be decided by the resolution of its establishment inasmuch as not exceeding twelve members. The Chamberís General Assembly shall select two thirds of the Management Committee member. The remaining one third and the Secretary of the Management Committee shall be nominated by a resolution of the competent Secretary. The duration of the Management Committee membership shall be (3) three years starting from the date of its approval by the Competent Secretary. 

Article 1335 

Powers of the Management Committee 

The Management Committee is the authority which concerns with running the Chamberís Affairs, managing its matters and in doing so it shall have the right to take the resolutions and recommendations which it deems necessary for achieving the Chambers objectives particularly the following: 

The resolutions in connection with items (3, 4) shall not be applicable except after approval of the Competent Secretary. 

Article 1336 

Management Committee Meeting 

The Management Committee shall meet based on the convocation of its Secretary at least once every month or by a convocation of a number of members not less than one third. The executive regulation shall organize the measure of convocation of the committee and running of its deliberation and the quorum necessary for validity of its holding and issuance of its resolutions. 

The resolution of the Management Committee must be communicated to the Competent Secretary and General Union of the Chambers of Commerce, Industry and Agriculture within (15) fifteen days from the date of their issuance. 

Article 1337 

Secretary of the Management Committee 

The Secretary of the Management Committee shall assume follow-up of the execution of the Chamberís general policy, resolutions of the Management Committee and its representation before the third parties and jurisdiction. 

Article 1338 

Specific Sections 

Those who are registered with Chambers of Commerce shall be classified in homogenous specific sections which the Executive Committee shall define their number, the activities of each section and the minimum number of member of the section, conditions and procedures of their affiliation.

Article 1339 

Sections Committee 

The members of each section shall select three from amongst its members to form the Section Committee. The Committee shall assume presentation of the sectionís proposals in the Chamberís General Assembly, follow-up their interest through the Management Committee. The Executive Committee shall define the powers of the Sections Committees and organization of its work. 

Article 1340 

Funds of the Chambers 

The Chamberís Fund shall be composed of the following: 

  1. Fees decided for the Chamber according to this Law. 
  2. Real estates, properties and the owned movable values. 
  3. Revenues of establishments, proceeds of its owned investments and recompense of the services which shall provide to others. 
  4. Contributions, donations, aids and legacies to be accepted by the Management Committee which do not contradict with Chamberís objectives. 
  5. Any other legally authorized revenues. 

Article 1341 

Funds of Chamber 

The Chamber shall have an independent budget. The Chamberís fiscal year shall start with the starting of the State fiscal year and ends with its ending. The executive regulation shall define the procedures and rules related to preparation of the balance sheet, chamberís final account and auditing procedures. 

Article 1342 

General Union of Chambers 

The General Union of Chambers of Commerce, Industry and Agriculture shall be formed of the existing Chambers and those which shall be established in the future according to provisions of this book. The Union shall have a legal personality and an independent financial obligation.

Article 1343 

Objectives of the Union 

The Union aims at promoting the Commerce, Industry and Agriculture Trade and keeping the common interests of those who are engaging in those fields to serve the interest of the national economy for achieving thereof, it shall perform particularly the following: 

  1. Assuming the Chambers Affairs at various administrative, commercial, economic and all the public authorities and in talks with commercial delegation in country and outside and with related international bodies. 
  2. Follow-up Chamberís activities, drawing up rules of cooperation and coordination between them and settlement of any dispute to be arisen out between them. 
  3. Participation in economic conferences and fairs in country and outside. 
  4. Preparation of studies and researches, drawing up recommendations and proposals regarding the economy and commerce affairs and means of their activation. 
  5. Arbitration between the Chambers affiliate upon request of the concerned parties provided that the litigant parties shall not be of the same Chamber. 
  6. Proposing establishment of joint Chambers with similar Chambers in other counties and assuming responsibility of Great Jamahiriya relations therein. 
  7. Arbitration and settlement of disputes in which a foreign party is involved upon consent of the concerned parties. 
  8. Nomination of members of the General Assembly and Management Committees of the Joint Chambers of Libyan part after consent of the Competent Secretary. 
  9. Establishment and management of the public storehouses and warehouses individually or jointly with third parties.

Article 1344 

Union Management 

The Union Management shall be assumed by a Management Committee acting for achieving the objectives for which it has been established. It shall be assisted by an administrative and technical board which its establishment, definition of its powers and its work system shall be by a resolution to be issued by the Management Committee. 

Article 1345 

Formation of the Management Committee 

The Union Management Committee shall be formed of: 

  1. Chambers and to be nominated by a resolution of the Competent Secretary. 

The tenure of the Management Committee shall be (3) three years. 

Article 1346 

Secretary of the Management Committee 

The Secretary of the Management Committee shall be nominated from amongst its members under a resolution of the General Peopleís Committee upon proposal of the Competent Secretary. 

The Secretary of the Management Committee shall run the unionís affairs and assuming responsibility of its relations with others and before the jurisdiction and other powers defined by the applicable legislations as well as those included in the executive regulation.

Article 1347 

Meetings of the Management Committee 

In respect of the Management Committee meetings the actions and rules applicable in the Chambers shall be applied. The resolutions of the Management Committee must be communicated to the Competent Secretary within (15) fifteen days from the date of their issuance. 

Article 1348 

Union Budget 

The Union shall have an independent budget. Its fiscal year shall start with the beginning of the State fiscal year and ends with its ending. In respect of the budget, final account and audit of accounts, the rules established for the chambers of Commerce, Industry and Agriculture shall be applied. 

The funds of the Union shall be composed of: 

  1. (15%) of the total revenues of each Chamber of Commerce according to its approved balance sheet. 
  2. Real estates, establishments and its owned movables. 
  3. Revenues of establishments and returns of its owned investment, and fees of services which it provides to others. 
  4. Donations, contributions, aids and legacies to be accepted by the Unionís Management Committee which do not contradict with its purposes. 

Article 1349 

Conflict of Interests 

The Secretary and members of the Unionís Management Committee or the Chamber or one of their relatives until the fourth degree may not conclude with the Union or the Chamber, personally or by mediation, a contract of partnership or undertaking or supply or sale or to purchase a disputable right or to act in a lawsuit or a dispute against the Chamber in any capacity whatsoever.

Article 1350 

Council of Businessmen 

A Council called (Council of Businessmen) shall be established to perform all what is in its nature to support the interest of the Libyan Businessmen Affiliates, and their introduction abroad to the extent that enables them to establish close relations with their counterparts in other countries and serve the national economy. The Council shall have a legal personality and in dependent financial obligation. The executive regulation shall define the rules of establishment of this Council and the specific committees which may be branched from it and the minimum number of the founders and contribution fees. 

Article 1351 

Exception 

The provisions of this book shall not apply to Chambers of the Marine Navigation Chambers. 

Article 1352 

The Executive Committee 

The Executive Committee organizing the provisions of this book shall be issued by a resolution of the General Peopleís Committee upon presentation of the Competent Secretary and after proposal of the General Union of the Chambers of Commerce, Industry and Agriculture, provided that it shall contain the following validity of the duration, registration and renewal fees, definition of the actions necessary for convening the General Assembly of the Chambers, quorum necessary for validity of the meeting and taking resolutions, conditions necessary to be met by members of the Chambers Management Committee and provisions organizing the structure and internal organization of the Businessmen Council.

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