The European Private Company Spe
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The European Private Company Societas Privata Europaea Spe
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Author : Heribert Hirte
language : en
Publisher: Walter de Gruyter
Release Date : 2012-12-19
The European Private Company Societas Privata Europaea Spe written by Heribert Hirte and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-19 with Law categories.
Mit der Societas Privata Europaea (SPE) wird eine europäische Rechtsform eingeführt, auf die der exportorientierte Mittelstand seit vielen Jahren wartet. Die SPE kann schnell und kostengünstig für die Neugründung einer Auslandsaktivität eingesetzt werden oder durch Formwechsel aus einer nationalen Gesellschaft entstehen. Sie erlaubt außerdem die Bildung eines Netzes von ausländischen Vertriebs- und Servicegesellschaften in einer europaweit einheitlich anerkannten Rechtsform. Rechtsberater und Rechtswissenschaftler müssen für die Betrachtung der rechtlichen Einzelfragen in der SPE eine europäische Perspektive einnehmen. In dem ECFR-Sonderheft beleuchtet daher ein internationales Autorenteam die praktisch wichtigen Grundfragen der neuen Rechtsform aus wissenschaftlich vertiefter Perspektive: Gründung und Registerverfahren, anwendbares Recht, praktische Einsatzmöglichkeiten der SPE, Gläubigerschutz, innere Ordnung, Geschäftsleiterpflichten, Schutz von Minderheitengesellschaftern, Anfechtungsklagen gegen Gesellschafterbeschlüsse, Mitbestimmung der Arbeitnehmer, Steuerrecht. Die Autoren aus Dänemark, Deutschland, England, den Niederlanden, Polen und Spanien sind langjährige Spezialisten auf ihrem Gebiet und sowohl wissenschaftlich als auch praktisch ausgewiesen.
The European Private Company Spe
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Author : D. F. M. M. Zaman
language : en
Publisher:
Release Date : 2009
The European Private Company Spe written by D. F. M. M. Zaman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Close corporations categories.
This book focuses on the Proposal for a Council Regulation on the Statute for a European Private Company (Societas Privata Europaea, SPE), as put forward by the European Commission in the summer of 2008. It adds to the comments already made in the legal literature by dealing with key aspects of the SPE Proposal in an extensive way and by including, where relevant, the amendments adopted by the European Parliament in March 2009. The book contributes to the debate on the characteristics of the SPE and how this legal form can best be implemented within the context of national law. The latter is illustrated by including a Dutch perspective of the various issues dealt with. The practical approach of the various topics addressed in the book makes it useful for practitioners as well as academics. The book analyzes: the need for the SPE, the role of private international law, the main issues related to the formation of the SPE and to its shares, the expulsion and withdrawal of shareholders, the provisions concerning the capital of the SPE, the internal organization, the 'voice' rights of shareholders, the duties and liabilities of the SPE's directors , the issue of employee participation, the transfer of the registered office of the SPE, corporate restructuring mechanisms like transformations, mergers, and divisions.
The European Private Company Societas Privata Europaea Spe
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Author : Heribert Hirte
language : en
Publisher: Walter de Gruyter
Release Date : 2013-03-08
The European Private Company Societas Privata Europaea Spe written by Heribert Hirte and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-08 with categories.
The planned European legal form Societas Privata Europaea (SPE) is a limited liability company of a closed group of shareholders, and thus is comparable to the German GmbH. At the European-level, the SPE serves as a supplement to the European Limited Liability Company (SE), which proved to be too difficult for small and medium-sized companies for various reasons. The SPE will be introduced on the basis of a European regulation, the content of which has been largely agreed to by the member states.
The Case In Favour Of The European Private Company Spe A Competitive Alternative For Smes
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Author : Dino Lattuca
language : en
Publisher:
Release Date : 2009
The Case In Favour Of The European Private Company Spe A Competitive Alternative For Smes written by Dino Lattuca and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This paper illustrates the interest for the European Private Company statute (SPE) that has been proposed by the European Commission in June 2008. According to the Commission, the SPE statute should lower the existing legal barriers for SMEs willing to extend their activity cross-border through expected cost savings in terms of simplification in their administrative burden and through the possibility for groups of companies to adopt the same statute across the EU. In this paper we argue that the SPE might be not just an instrument to help European companies take advantage of the Single Market and extend their operation cross-border, but also an alternative to more rigid national company statutes for all the SMEs in the EU. In particular, the SPE statute would allow cost savings in terms of a simplified capital regime and a fully flexible internal organisation regime. Moreover, the possibility to choose a more efficient national legal environment by moving the legal seat independently from the real seat should ensure better guarantees for creditors and minority shareholders, entailing savings in the cost of credit and in the cost of capital.
The Protection Of Creditors Of A European Private Company Spe
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Author : Mathias Siems
language : en
Publisher:
Release Date : 2011
The Protection Of Creditors Of A European Private Company Spe written by Mathias Siems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Soon we can expect a new type of company: the European Private Company (Societas Privata Europaea - SPE) aimed at small and medium-sized enterprises in the EU. In this article, we analyse how creditors of future SPEs will be protected. In the first part, we identify on a general level how creditors can be protected. Then, we turn to the tools used in the different draft versions of an SPE statute (Commission Draft, EP Draft, Presidency Compromise). As these do not cover all aspects of creditor protection, the next part examines how these gaps ought to be filled. Subsequently, we discuss whether, from a normative perspective, creditor protection in the EU should be further harmonised. Overall, we conclude that what emerges is a mixed picture between various levels of European and national rules. This may not be ideal but it may be the price worth paying in order to reach political agreement on SPE law.
The European Private Company Spe
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Author : Ani Vardanyan
language : en
Publisher:
Release Date : 2013
The European Private Company Spe written by Ani Vardanyan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Horizontal And Vertical Regulatory Competition In Eu Company Law
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Author : Martina Eckardt
language : en
Publisher:
Release Date : 2013
Horizontal And Vertical Regulatory Competition In Eu Company Law written by Martina Eckardt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Since the Centros decision of the European Court of Justice in 1999, the regime of corporate laws in Europe has evolved in a fundamental way. Although it is rather incomplete and imperfect, a two-level system of corporate laws has emerged. It is characterized by a considerable degree of free choice of law. This opens up the possibility of horizontal regulatory competition between the company laws of the Member States. With the draft regulation on the European Private Company (SPE) an additional legal form tailored to the needs of small and medium-sized enterprises (SMEs) is proposed. We analyse whether the introduction of such a supranational European legal form for limited liability companies can be recommended from the perspective of the economic theory of legal federalism. To this end we present a general theoretical framework for studying centralisation/harmonisation vs. decentralisation of legal rules and regulations in regard to company laws within the European Union. Our analysis of the empirical evidence on horizontal regulatory competition as well as on the advantages and problems of the introduction of such an additional legal form for SMEs shows clearly that it might render many benefits without considerable disadvantages when compared with the existing situation of only horizontal competition between the legal forms of the Member States.
The Societas Privata Europaea
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Author : Claudia Winkler
language : en
Publisher: Springer
Release Date : 2012-04-27
The Societas Privata Europaea written by Claudia Winkler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.
Claudia Winkler uses the proposed European private limited liability company (Societas Privata Europaea - SPE) as an occasion to take a fresh and critical look at the arising notion of regulatory competition in European corporate law. The SPE is the newest attempt of the European Union to support union-wide corporate mobility of small and medium enterprises, following the liberalizing line of the ECJ’s case law from Centros to Cartesio. The author defines regulatory competition as an active competition between legislators endeavoring to provide the most efficient and attractive company law, complemented by a dynamic demand by companies in search of the most favorable corporate statute. Winkler shows why regulatory competition is still only a myth in European corporate law and concludes that even the SPE would most likely not boost such a development but rather hinder it in its entirety.
Conflicts In The European Private Company Spe
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Author : Mette Neville
language : en
Publisher:
Release Date : 2015
Conflicts In The European Private Company Spe written by Mette Neville and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This contribution - which ...
The European Private Company
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Author : Rolandino Guidotti
language : en
Publisher:
Release Date : 2014
The European Private Company written by Rolandino Guidotti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The paper discusses the development of the European Private Company (Societas Privata Europaea: 'S.P.E.') rules and speaks about the current situation of the Proposal of 25 June 2008 for a Council Regulation (presented by the Commission). After presenting a brief history of the S.P.E., the article discusses about the principal points on the Regulation of this new kind of company. The positive and negative aspects of this issue are analyzed. These elements include: the seat of the company and the cross-border component; the governing rules; the formation and the capital; the shares; the resolution of shareholders; the directors; and the employee participation.
