The European Company all over Europe A state by state account of the introduction of the European Company 1st Edition by Krzysztof Oplustil, Christoph Teichmann ISBN 3110912090 9783110912098

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ISBN 10: 3110912090 

ISBN 13: 9783110912098

Author:  Krzysztof Oplustil, Christoph Teichmann 

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.

Table of contents:

List of contributors
Austria
I. Introduction
II. Basic considerations
III. Organisational structure of the SE
IV. Some details on the formation and transfer of the SE
V. Final remarks
Belgium
I. Introduction
II. Formation of the European Company
III. Management Systems
IV. Transfer of seat
V. Involvement of employees
VI. Conclusion
Czech Republic
I. Introduction
II. The formation of the SE in the Czech Republic
III. Transfer of the seat of the SE from the Czech Republic
IV. Corporate governance of the SE
V. Employee involvement in the SE
Denmark
I. Introduction
II. Formation of an SE in Denmark
III. Transfer of the registered office of an SE
IV. Management system of a Danish SE
V. Involvement of employees in a Danish SE
France
I. Introduction
II. French company law and the SE
III. Formation of an SE
IV. Management System
V. General meeting
VI. Transfer of seat
VII. Involvement of employees
VIII. Fiscal issues
IX. Conclusion: Will the SE significantly change the national philosophies of the company law?
Germany
I. Introduction
II. Formation of an SE
III. Structure of the SE
IV. Transfer of registered office
V. Involvement of employees
Greece
I. Introduction
II. Formation of a European Company
III. Management system of the European Company – the organs of the SE
IV. Transfer of seat / registered office
V. Involvement of employees
VI. Other issues
Hungary
I. Introduction
II. Formation of an SE
III. Protection of minority shareholders and creditors
IV. Management and supervision
V. Employees’ co-determination
VI. Conclusion
Ireland
I. Introduction
II. Formation of a European Company
III. Management system of the European Company
IV. Transfer of seat / registered office
V. Involvement of employees
Italy
I. Introduction: Applicable law
II. The formation of an SE
III. Management systems of the European Company
IV. Transfer of the registered office
V. Involvement of employees in the SE
The Netherlands
I. General
II. Formation
III. Board Structure
IV. Transfer of seat
V. Involvement of employees
VI. Conclusion
Poland
I. The Societas Europaea in relation to other limited companies in the Polish legal system
II. General provisions
III. Formation of an SE
IV. Structure of the SE
V. Implementation of the Directive on the involvement of employees
Portugal
I. Introduction
II. General information on Portuguese company law
III. The organs of the sociedades anónimas
IV. Some specific aspects of Portuguese law on sociedades anónimas relevant for the Regulation purposes
V. The “involvement of employees” in Portuguese law
Spain
I. Antecedents: legislative work in progress and current Spanish law
II. Formation of a European Company
III. Structure of the SE
IV. Transfer of seat
V. Involvement of employees
Sweden
I. Introduction
II. The formation of an SE
III. Transfer of the registered office
IV. The structure of the SE
V. The participation of employees in the SE
United Kingdom
I. General background to company law regulation in the United Kingdom
II. Plans for implementation of the European Company Statute in Great Britain
III. Implementation of company law provisions
IV. Employee involvement provisions
V. Costs and benefits
Annex I: Employee Participation in Company Organs of Public Limited-Liability Companies
Annex II: Council Regulation (EC) NO 2157/2001 of 8 october 2001 on the Statute for a European Company (SE)
Annex III: Council Directive 2001/86/EC of 8 october 2001 supplementing the Statute for a European Company with regard to the involvement of employees
Annex IV: Key elements of national implementation measures

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