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Law No. 23 of 2010 regarding Commercial Activity 

Published on

Page 13 of 13

Table of Contents

Book Thirteen General Final Provisions 

Article 1353 

Definitions 

In application of provisions of this Law, the following expressions shall have the meanings mentioned against them unless the context requires otherwise. 

 Great Jamahiriya:Great Socialist Peopleís Libyan Arab Jamahiriya 

 Competent Sector:The General Peopleís Committee of the Sector authorized to implement the resolutions of the Peopleís Congresses in the field of Economy and Trade. 

 Competent Secretary: Secretary of the General Peopleís Committee of the Competent Sector. 

Article 1354 

Freedom of Practicing the Commercial Activity 

The members of the Community shall have the freedom of practicing the commercial activities including all the trades, professions and services either individually or in any other forms for practicing the activities provided for in this Law, after satisfying the legal conditions necessary for practicing the activity. The tools of practicing the economic activities may lease the landed properties necessary for practicing the activity. The owner of the landed property shall hire it to any of the tools of practicing the commercial activity. In respect of organising the relation between the lessor and lessee, the provisions of the lease contract provided for in the Civil Law shall apply to what is not specially provided for in this Law. 

Article 1355 

Licensing the Activity Practicing 

It shall not be permissible to practice commercial activity or trade or profession or work within Jamahiriya unless after obtaining a license therefor and shall defined by a resolution of the Competent Secretary, the authority concerned with granting licenses, their classification and conditions necessary therefor, obligations and duties of the whole sale merchant, trades, activities and professions which require a particular permission prior to obtaining the referred license.

Article 1356 

Violation of Licensing Condition 

Anyone who engages in a Commercial activity or a trade or a provision or a service without valid license shall be amerced by payment of the fees decided on the license of his activity in addition to a fine not more than the amount of those fees. 

Any person provides wrong information or data or certificates required for obtaining the license shall be amerced by a fine not more than (LD 5,000) five thousand Libyan Dinars with withdrawal of the license which has been granted to him in violation. 

Article 1357 

Executive Regulations 

The Executive regulation of this Law shall be issued by resolutions of the General Peopleís Committee upon proposal of the concerned sector. 

The applicable regulations shall remain in force inasmuch as not contradicting the provisions of this Law pending issuance of their substitute regulation. 

Article 1358 

Cancellation of Laws 

The following laws shall be cancelled: 

  1. The Libyan Commercial Law issued in 1953 and its amendments. 
  2. Law No. (40) for the year 1956 regarding trademarks and its amendment. 
  3. Law No. (73) for the year 1958 regarding scales, measures and standards. 
  4. Law No. (2) for the year 1962 regarding commercial data. 
  5. Law No. (38) for the year 1968 regarding import and export. 
  6. Law No. (65) of 1970 for specifying certain provisions for merchants, and commercial companies and supervision thereof, and its amendments.
  7. Law No. (64) for the year 1971 regarding importation. 
  8. Law No. (110) for year 1975 regarding deciding some provisions related to public bodies, establishment and public sector companies. 
  9. Law No. (17) for year 1977 regarding organization of practicing commercial activities. 
  10. Law No. (8) for the year 1984 regarding rules of commercial dealings and its amendment. 
  11. Law No. (9) for the year 1985 regarding provisions in respect of partnerships and its amendment. 
  12. Law No. (8) for the year 1988 regarding provisions related to economic activity. 
  13. Law No. (13) for the year 1989 regarding control over prices and its amendment. 
  14. Law No. (9) for the year 1992 regarding practicing of economic activities. 
  15. Law No. (15) for year 1423 PB (1993) in respect of deciding some provisions related to joint-stock companies wholly or partially owned by the community. 
  16. Law No. (4) for the year 1425 PB (1995) on prohibition of economy of speculation and its amendments. 
  17. Law No. (4) for the year 1426 PB (1996) regarding organization of importation and distribution of goods. 
  18. Law No. (21) for the year 1369 PD (2001) regarding certain provisions for practicing economic activities and its amendment. 
  19. Law No. (3) for the year 1374 PD (2006) regarding public sector companies. 
  20. Law No. (4) for the year 1372 PD (2004) regarding Chambers of Commerce, Industry and General Association of Chambers. 

Any provision contrary to provisions of this Law shall also be cancelled.

Article 1359 

Effectiveness of the Law 

This Law shall come into force with effect from the date of its publication in the legislations code and the concerned authorities shall adjust their positions according to its provisions during (6) six months from its publication. 

(Signed & stamped) 

  • General Peopleís Committee 
  • Issued in Sirte on 13 Safar 1378 PD 
  • Corresponding to 12 January 2010 
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