New Circulation – Adapt Representative Offices to Branch
According to previous legislation and laws, including the companies Law, a foreign company can register as a representative office, and then to be adapted into a branch after signing a contract with a government body. Then, Foreign Company Branches Regime No. 2 of 2017 was issued, which included the possibility of a foreign company to register as a foreign branch in Iraq directly, whether it had a signed contract with government body or not. If the contract is signed, the foreign branch must notify the Company Registration Department.
In addition, Article 14/Second of the above regime includes obligating all branches and offices of registered and unregistered foreign companies located in Iraq to adapt their legal status to the provisions of the above system within one year from the date of its entry into force. Otherwise, the branch or representative office of the foreign company is considered cancelled by law after the end of the aforementioned year, neither of them has the right to engage in any activity inside Iraq.
Now, the Companies Registration Dept. has issued new instructions regarding the registered representative offices in Iraq which is as follows:
“We invite all the representative offices of foreign companies to approach the Companies Registration Dept. to adapt their legal status or deregistration their offices in accordance with the amended regime for branches of foreign companies No. 2 of 2017, which is in order to provide legal guidance and directions to facilitate the necessary procedures to adapt the legal status of these offices in accordance with current legislation. All concerned offices should complete the required procedures in a timely manner and meeting the specific legal requirements by either adapting the representative office to a branch or deregistration.”
How can Etihad assist?
Etihad Law Firm specializes in offering legal services and consulting across various facets of the Iraqi legal system, catering to clients in both the private and public sectors. Our expertise shines in the realm of government compliance requirements, with our attorneys extensively collaborating with diverse government entities. We possess firsthand knowledge of the stringent standards for quality services, maintaining direct contact channels with Legal Divisions in different ministries and directorates.