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Law No. 23 of 2010 regarding Commercial Activities.

Country
Type of law
Legislation
Source

Abstract
This Law, comprising 1359 articles organized into 13 Books, aims to regulate economic activities carried out by individuals, regardless of their legal capacity, and to establish the legal framework governing the various forms through which such activities are conducted, including individual, family, partnership, and company structures. Under this Law, economic activities are governed first by this Law, then by Civil Law where consistent, and in the absence of legislation, by judicial discretion based on precedents, equity, and established commercial traditions. The Law provides, among other things, for (i) who may engage in commercial activities and under what conditions; (ii) the organizational forms through which the commercial activities are carried out, ranging from individual and family businesses to partnerships and companies; (iii) rules on registration, legal personality, management, liability, and dissolution of businesses. It emphasizes formalization, transparency, and accountability in economic operations, including requirements for registration, auditing, and disclosure. All goods and commodities can be freely exported or imported without quantitative or administrative restrictions by entities registered in the commercial register whose purposes include export and import activities. Producers are also allowed to export their products. Exceptions apply only to prohibited commodities.
Book Ten contains provisions concerning trademarks, establishing that registration is open to individuals, companies, and eligible foreigners. Generic marks, already registered, indecent, misleading, religious, or that use protected national, international, or third-party symbols without consent cannot be registered. Book Eleven, on Competition and Protection of the Consumer, treats provisions applied to freedom of prices, putting an end to the monopoly, organization of commercial competition, and definition of the rules of their protection for the development of the economic activity, and ensuring transparency and honesty in transactions, and respecting the rules of commercial sincerity. The provisions concern the protection of consumer rights and guarantee the honesty of the economic transactions, product safety, verification of their conformity with the approved standards and specifications. Book Twelve establishes the legal framework for the Chambers of Commerce, Industry, and Agriculture and their General Union as independent public-interest institutions with legal personality, responsible for supporting and organizing economic activity. It defines their role in representing and promoting the interests of commercial, industrial, and agricultural sectors, providing services to members, advising public authorities, collecting and disseminating economic data, issuing certificates, and facilitating dispute resolution through arbitration. Membership in the Chambers is mandatory for all economic operators, linking business licensing to registration and thereby strengthening formalization. The Book also regulates their internal governance, including general assemblies, management committees, funding sources, and financial independence. At a higher level, it establishes the General Union to coordinate among Chambers, represent them nationally and internationally, promote economic development, and support cooperation, research, and trade relations, alongside provisions for a Businessmen Council to enhance external economic engagement.
Date of text
Entry into force notes
This Law enters into force on the date of its publication in the Legislative Code, and the concerned authorities shall adjust their positions in accordance with its provisions within six months from the date of publication.
Notes
The following laws shall be cancelled (1) Libyan Commercial Law issued in 1953 and its amendments; (ii) Law No. 40 of 1956 regarding trademarks and its amendment; (iii) Law No. 73 of 1958 regarding scales, measures and standards; (iv) Law No. 2 of 1962 regarding commercial data; (v) Law No. 38 of 1968 regarding import and export; (vi) Law No. 65 of 1970 for specifying certain provisions for merchants, and commercial companies and supervision thereof, and its amendments; (vii) Law No. 64 of 1971 regarding importation; (viii) Law No. 110 of 1975 regarding deciding some provisions related to public bodies, establishment and public sector companies; (ix) Law No. 17 of 1977 regarding organization of practicing commercial activities; (x) Law No. 8 of 1984 regarding rules of commercial dealings and its amendment; (xi) Law No. 9 of 1985 regarding provisions in respect of partnerships and its amendment; (xii) Law No. 8 of 1988 regarding provisions related to economic activity; (xiii) Law No. 13 of 1989 regarding control over prices and its amendment; (xiv) Law No. 9 of 1992 regarding practicing of economic activities; (xv) Law No. 15 of 1993 in respect of deciding some provisions related to joint-stock companies wholly or partially owned by the community; (xvi) Law No. 4 of 1995 on prohibition of economy of speculation and its amendments; (xvii) Law No. 4 of 1996 regarding organization of importation and distribution of goods; (xviii) Law No. 21 of 2001 regarding certain provisions for practicing economic activities and its amendment; (xix_ Law No. 3 of 2006 regarding public sector companies; (xx) Law No. 4 of 2004 regarding Chambers of Commerce, Industry and General Association of Chambers.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
قانون رقم 23 لسنة 2010 م بشأن النشاط التجاري