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UK Corporate Update 

EU consults on future of European company law 

23 February 2012

The European Commission has published a consultation on the future of European company law.

Currently there are various directives which harmonise different aspects of company law in the EU. For example, the Second Company Law Directive contains rules on a number of areas including capital maintenance and pre-emption rights.

The Commission’s consultation seeks views on the following areas:

Objectives and scope of European company law

  • What should be the main objectives of European company law?
  • Should the EU prioritise improving the existing harmonised rules or explore new areas for harmonisation of company law across the EU?

Cross-border mobility for companies

  • What can be done to facilitate the cross-border transfer of a company's registered office?
  • Should the rules on cross border mergers be reviewed?

Groups of companies

  • Is there need for EU policy action in this field?

Capital regime for European companies

  • Should the existing minimum legal capital requirements and rules on capital maintenance be modified and updated?

Codification of European company law

  • Should the existing company law Directives be merged in a single instrument in order to make the regulatory framework more accessible and user-friendly?

EU company legal forms

  • What are the advantages and shortcomings of European company forms (such as the SE)?

The consultation is available here, the press release here and FAQs here. The deadline for responses is 14 May 2012.

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