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Author : Tamás Szabados
Publisher :
ISBN 13 : 9789633121443
Total Pages : 253 pages
Book Rating : 4.1/5 (214 download)
Download or read book The Transfer of the Company Seat Within the European Union written by Tamás Szabados and published by . This book was released on 2012 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Harangi László
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (18 download)
Download or read book Cross-border Transfer of Company Seat Within the European Union written by Harangi László and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Špela Čič
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (958 download)
Download or read book Cross Border Transfer of Company Seat Within the European Union - Comparative Law Aspects written by Špela Čič and published by . This book was released on 2015 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elena Khutareva
Publisher :
ISBN 13 :
Total Pages : 84 pages
Book Rating : 4.:/5 (851 download)
Download or read book The Cross-Border Transfer of Company Seats Within the European Union written by Elena Khutareva and published by . This book was released on 2013 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas Biermeyer
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (13 download)
Download or read book Chapter 2 - Concepts of 'Seat' and 'Seat Transfer' written by Thomas Biermeyer and published by . This book was released on 2016 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 2 deals with the concept of the company seat and seat transfers. It explains that the seat determines which specific national (company) law will be applicable to a company and that there are two different kinds of seats in the EU which can serve as the connecting factor to the applicable (company) law. The first connecting factor is the registered office and the second is the central administration. The chapter further looks at how the concept of a 'seat' is used in the European Union and illustrates this through the example of Dutch law in order to form an idea of how this is specifically regulated in national law. Thereafter, an analysis is made of how a company's 'seat' can be transferred from one EU Member State to another, and what problems arise in this context.
Author : António Frada de Sousa
Publisher :
ISBN 13 :
Total Pages : 83 pages
Book Rating : 4.:/5 (698 download)
Download or read book A Company's Cross-border Transfer of Seat in the EU After Cartesio written by António Frada de Sousa and published by . This book was released on 2009 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Luca Cerioni
Publisher : Edward Elgar Publishing
ISBN 13 : 9781847205308
Total Pages : 292 pages
Book Rating : 4.2/5 (53 download)
Download or read book EU Corporate Law and EU Company Tax Law written by Luca Cerioni and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the European Union striving to become the world's most competitive economy, the developments in the two closely interconnected areas of European corporate law and European company tax law are of utmost importance. This book focuses on the crucial issues raised by these developments, on their far-reaching implications and on the key challenges to the future legislative choices. The book illustrates the key developments in EU corporate law and EU company tax law, the EU planned initiatives in these areas, and - at a time when member states increasingly tend to use company law and company tax provisions to attract businesses and investments - it suggests how future developments can contribute to the undistorted functioning of the internal market and to the strategic 'Lisbon-objective'. The explanation of these legislative and case-law developments is of use to students and indicates new opportunities for business expansion strategies throughout the European Community. The book concludes that new optional, but attractive, EU company law vehicles and company tax regimes would be, in these two areas, the only legal and effective means towards an undistorted functioning of the internal market and towards the Lisbon-objective. This ultimately gives rise to a far-reaching challenge for all debates on the future patterns of European integration. Luca Cerioni introduces new themes for academic research and discussion subjects for decision-makers and at the same time, uniquely, makes these accessible to a much wider international public of students, businesses and practitioners.
Author : Blanca Ballester
Publisher :
ISBN 13 : 9789282340790
Total Pages : 50 pages
Book Rating : 4.3/5 (47 download)
Download or read book European Added Value Assessment written by Blanca Ballester and published by . This book was released on 2013 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty enshrines four freedoms for legal and natural persons in the EU. One of them, freedom of establishment, is particularly important for companies. However, there is no European legal instrument establishing a harmonised system, and it is also difficult to ascertain which law is applicable to a company having its registered office in a given Member State and wishing to move it to another one. The European Parliament has repeatedly called for a Directive on the Crossborder Transfer of Company Seats (14th Company Law Directive), as action at Member State level has proven insufficient to address this important issue. This European Added Value assessment analyses the arguments in favour of such a Directive (legal certainty, clarity, transparency and simplicity) and provides data suggesting that a legal instrument would facilitate cross-border mobility and have an associated positive net economic impact.
Author : Barbora Zaborska
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.:/5 (884 download)
Download or read book Cross-border Transfer of a Company's Seat in the European Company Law written by Barbora Zaborska and published by . This book was released on 2014 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Philippe Pellé
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Companies Crossing Borders Within Europe written by Philippe Pellé and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many companies already take advantage of company mobility in the European Union, especially in the post-Centros climate and in the wake of the recent enactment of company law directives and regulations improving company mobility. Are there still barriers to mobility? This paper gives a broad introductory overview of corporate cross-border mobility in the EU and the current cross-border issues dealt with by the European Commission: the right of establishment, the Societas Europaea (the European Company, or SE), the cross-border mergers Directive, case law of the European Court of Justice, and finally concludes with a word on seat transfer.
Author : Krzysztof Oplustil
Publisher : Walter de Gruyter
ISBN 13 : 3110912090
Total Pages : 428 pages
Book Rating : 4.1/5 (19 download)
Download or read book The European Company - all over Europe written by Krzysztof Oplustil and published by Walter de Gruyter. This book was released on 2012-12-17 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 8 October 2004, the Council Regulation (EC) No. 2157/2001 on the Statute for the European Company (SE) will enter into force. In order to make the SE a functional instrument for entrepreneurs and investors, as well as to ensure the effective application of European law, it is necessary to pass national implementation measures by then. National legislators have the opportunity as well as the challenge to shape, in some respect, a national model of the SE which would be attractive for investors and would influence their decision as to where the company be located. Thus, the coming into force of the SE-Regulation will also give "the starting shot" for the competition between national legislators with regard to the law of the European Company. The aim of the present book is to provide the first indications in those national regulations specifically concerning the SE. Although no national law has so far been finally adopted, the first legislative steps have already been taken in many Member States and first drafts have been published. These drafts are presented in the book by the national experts. Moreover, the authors from Member States where no official drafts so far exist, express their personal reflections on how the specific regulations of national law would and should look. Given the fact that in October 2004, when the SE-Regulation comes into force, the European Union will be enlarged by 10 new Member States, the reports cover also some of them, i.e. Poland, Hungary and the Czech Republic.
Author : Thomas Biermeyer
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (13 download)
Download or read book Chapter 11 - Cross-Border Company Seat Transfers in the EU - Conclusion written by Thomas Biermeyer and published by . This book was released on 2016 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 11 provides a conclusion to the book "Stakeholder protection in cross-border company seat transfers in the EU" and gives an overview of the analysis as to whether stakeholders such as shareholders, creditors, employees or the society at large are at risk in such seat transfers and if so, how the stakeholders can be protected. Finally, the conclusion gives policy recommendations.
Download or read book European Added Value Assessment on a Directive on the Cross-border Transfer of Company Seats (14th Company Law Directive). written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Case-law of the ECJ allowed for company mobility but did not provide the necessary clarification with regard to the procedures for transferring the company's registered office or head office from one Member State to another with a change on the applicable law. Certain aspects, such as the protection of stakeholders, may be affected, which could confirm the need for minimum standard rules. A legislative initiative should ensure that the transfer should not affect the rights of stakeholders. It should also be tax neutral and must avoid the misuse of post-box offices and shell companies.
Author : Gert-Jan Vossestein
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (129 download)
Download or read book Transfer of the Registered Office written by Gert-Jan Vossestein and published by . This book was released on 2010 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather unexpectedly, the process for the adoption of the Fourteenth Company Law Directive on the cross-border transfer of the registered office was recently suspended. This paper discusses the Commission's change in policy. The author examines the Community's competence to adopt a Directive on seat transfer as well as the position of the European Parliament with regard to such a directive. The Commission's reasons for not submitting a proposal for the directive are part of the elaboration. An examination of the economic benefits of the Fourteenth Directive also follows. The Cartesio case, currently pending before the European Court of Justice, is analysed in this respect. The author concludes that the motivation the Commission provides for not submitting a proposal for a fourteenth Directive is not convincing and he states that a Directive on seat transfer should be adopted after all.
Author : Federico M. Mucciarelli
Publisher :
ISBN 13 :
Total Pages : 37 pages
Book Rating : 4.:/5 (13 download)
Download or read book Company 'Emigration' and EC Freedom of Establishment written by Federico M. Mucciarelli and published by . This book was released on 2016 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the ECJ's recent case law on EC freedom of establishment (the Centros, Überseering and Inspire Art cases), regulatory competition for corporate law within the European Union takes place at an early stage of the incorporation of new companies. In contrast, as regards the 'moving out' of companies from the country of incorporation, the ECJ once considered a tax law restriction against the transfer abroad of a company's administrative seat as compatible with EC freedom of establishment (the Daily Mail case). For years, this decision has been regarded as applicable to all restrictions imposed by countries of incorporation, even the forced liquidation of the 'emigrating' company. This paper addresses the question whether EC freedom of establishment really allows Member States to place any limit on the 'emigration' of nationally registered companies. It argues that EC freedom of establishment covers the transfer of the administrative seat as well as the transfer of the registered office and, therefore, that the country of incorporation cannot liquidate 'emigrating' companies. In addition, it addresses the question whether a new Directive is needed to allow the transfer of a company's registered office and the identity-preserving company law changes. It argues that such a Directive is necessary to avoid legal uncertainty and to protect the interests of employees, creditors and minority shareholders, among others, who could be detrimentally affected by the 'emigration' of national companies.
Author : KPMG European Business Centre
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.X/5 (2 download)
Download or read book Study on Transfer of the Head Office of a Company from One Member State to Another written by KPMG European Business Centre and published by . This book was released on 1993 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: A report commissioned by the European Commission on the obstacles to the transfer of the head office of a company to another member state of the EU without dissolution of the company concerned, and the measures which would be appropriate to facilitate such transfers. The report was carried out by KPMG European Business Centre, Brussels.
Author : Alberto Santa Maria
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199519
Total Pages : 610 pages
Book Rating : 4.0/5 (411 download)
Download or read book European Economic Law written by Alberto Santa Maria and published by Kluwer Law International B.V.. This book was released on 2019-01-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book's highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the European Union in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises, are put under discussion. This revision follows the successful format of the previous editions. As before, the author's intensive discussion brilliantly disentangles the complex interrelations among a vast array of economic factors. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies, and the OECD's project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following: • issues surrounding the euro's sustainability, especially as revealed in ECJ case law; • lack of power of the ECB and other EU institutions in fixing the euro's exchange rate; • the potential EU contribution to reform of the IMF's organization and substantive rules; • ECJ case law on conflicts in the transfer of seat and cross-border mergers; • the role of the European Commission in the regulation of international trade; • limits to the advantages lawfully acquired by multinational enterprises; • transfer pricing in intragroup transactions; • EU supervision of banking groups and international banking cooperation; • corporate social responsibility' and 'codes of conduct'; and • State aid between competition law and the non-discrimination principle. Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. In the new edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest — academic, juridical, or administrative — in this very important area of law.
