Iranian Journal of Trade Studies

Iranian Journal of Trade Studies

Offering and Selling of State-Owned Properties Subject to the Law on Anti-Smuggling of Goods and Currency Through the Mercantile Exchanges

Document Type : Research Paper

Authors
Mohammad Sadeghi 1
Mehrdad Sadeghian 2
1 , Ph.D. in Private Law, Faculty of Law, Mofid University (Corresponding Author).
2 PH.D student of private law at Qom University
10.22034/ijts.2024.2035404.4018
Abstract
Although there are various methods for transferring ownership to the private sector, such as sales through negotiation and auction, Article 56 of the “Law on Anti-Smuggling of Goods and Currency” stipulates the sale of state-owned properties through the mercantile exchange. This measure provides the covered goods with the benefits of being listed on the stock exchange and requires compliance with the rules and regulations governing the stock exchange, as well as a commitment to professionalism and organization within mercantile exchanges. These include the need to comply with the requirements related to acceptance and offering on the stock exchange, adherence to the regulations governing transactions, disclosure of information from suppliers, exemption of goods accepted on the stock exchange from government pricing, implementation of special regulations related to settlement and clearing, supervision of participants in this field, handling of disciplinary violations, and the resolution of professional disputes arising from these operations based on Article 36 of the “Securities Market Act of The Islamic Republic of Iran”. In addition to the requirements outlined in this article, the first issue with the above article is that, firstly, it has limited this category to the mercantile exchange while ignoring the energy exchange, which is an example of a mercantile exchange in Iran. Secondly, it has not considered all goods subject to the collection and sale of state-owned properties as examples of the necessity of offering them on the exchange, but rather has only specified certain goods subject to specific conditions. Therefore, instead of determining ways to support mercantile exchanges, it reflects a minimal approach by the legislator to this area and a lack of clarity regarding the basis for its adoption, which should be taken into account in policy and legislative reforms.
 
 
Keywords
State-Owned Properties / Mercantile Exchanges / Auctions
Offering Goods on the Stock Exchange / Collection and Sale of State-Owned Properties / Smuggling of Goods & Currency

Subjects

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  • Receive Date 13 July 2024
  • Revise Date 19 November 2024
  • Accept Date 07 December 2024