The European Company - All Over Europe: A State-by-state Account of the Introduction of the European Company
Krzysztof Oplustil, Christoph Teichmann
Walter de Gruyter, 2004 - Business & Economics - 409 pages
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.
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Belgium van der Elst
Czech Republic PelikanovalCech
Denmark Friis Hansen
Transfer of seat
The Netherlands HuizingalMeinema
Portugal Pinto Duarte
United Kingdom Edbury
According to Art administrative organ adopted amendment applicable appointed Article Austrian authorisation Belgian certificate civil law notary co-determination commercial register company law concerning court Czech Czech Republic decision Directive DiscD draft terms Dutch employee involvement employee participation established Euro Europaische Aktiengesellschaft European Company European Company Statute European Union Europese vennootschap formation governed head office holding implementation involvement of employees issue large company regime limited liability companies management board management organ managing director meeting merging companies minority protection minority shareholders monistic national law number of members obliged one-tier system option of Art organisation pany participating companies procedure proposed provisions public companies public limited company public limited liability public limited-liability companies RE-SE referred regard registered office SE-Directive SE-Reg SE-Regulation shares Societas Europaea special negotiating body statutes structure subsidiary supervisory board supervisory organ Teichmann tion transfer of seat Tweede Kamer two-tier system votes