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Download (pdf/2224 ko) - Anima

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Invest in the MEDA region, why how ?<br />

free to repatriate dividends, profits, and real net income<br />

resulting from transfer of assets or liquidation.<br />

� Nationalisation and expropriation: The Constitution of 8<br />

December 1996 provides legally‐binding guarantees against<br />

expropriation and confers the right to equitable compensation.<br />

The Constitution also guarantees private property and freedom<br />

of trade and industry.<br />

� Dispute settlement: Algeria has signed the convention of the<br />

International Centre for the Settlement of Investment Disputes<br />

(ICSID), ratified its accession to the New York Convention on<br />

arbitration, and is a member of the Multilateral Investment<br />

Guarantee Agency. The Code of Civil Procedures allows both<br />

private and public sector companies full recourse to<br />

international arbitration at ICSID or ad hoc arbitration at the<br />

U.N. Commission on International Trade Law (UNCITRAL)<br />

model for dispute settlement between the Algerian State and<br />

private companies. Algeria has also signed several bilateral<br />

investment agreements for the protection and promotion of<br />

investments with 27 countries as well as 12 bilateral treaties to<br />

prevent double taxation.<br />

Investors wishing to enter the Algerian market can either open a<br />

branch office or set up a company by creating a legal entity under<br />

Algerian trade law, a joint venture with an Algerian resident<br />

(private individual or corporate entity) by creating a mixed<br />

investment Company (SEM), or securing shares in the capital of an<br />

already existing company. A recent law (passed in 2005) requires<br />

that all companies working in foreign trade increase capital stock<br />

equity to a minimum of DZ20 million (about US$ 275,000) by 26<br />

December 2005.<br />

Possible legal forms for a new company are: joint stock company<br />

(SPA), limited liability company (SARL), individual limited<br />

46

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