Abstract

Objective: the objective of this study first is Public shareholding companies are considered the most important engine of economic activity in the country, as they were established to undertake major economic projects, whether commercial or industrial. Therefore, the establishment of a joint-stock company requires carrying out legal procedures by people called the founders.
 
 Method: In this study, we follow the comparative analytical descriptive approach, as well as looking at some jurisprudential opinions. The study was divided into the concept of the founder in the public shareholding companies and the conditions that must be met in the founder, the first topic, and the actions issued by the founders in the company under incorporation in the second topic.
 
 Result: This study aimed to explain the role of the founders during the establishment procedures period, and the extent to which it is permissible to exploit the subject of the activity for which the company was established for during the establishment stage, and the extent of the disposition of the actions carried out by it. During the incorporation period, to the founding person or to the company.
 
 Conclusion: After this detailed presentation of the legal position of the founder in the company under incorporation in the joint-stock company, it can be said that the credit for the emergence of this type of company belongs to the founders, as he is the owner of the idea in establishing this company, and his willingness to carry out all the actions and legal procedures necessary to establish this company.

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