Download or read book The European Private Company Societas Privata Europaea SPE written by Heribert Hirte and published by Walter de Gruyter. This book was released on 2012-12-19 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The European Private Company Societas Privata Europaea Spe written by Heribert Hirte and published by Walter de Gruyter. This book was released on 2013-03-08 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Societas Privata Europaea written by Claudia Winkler and published by Springer. This book was released on 2012-04-27 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Societas Privata Europaea written by Claudia Winkler and published by . This book was released on 2012 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Die Societas Privata Europaea SPE written by and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Societas Privata Europaea a European Private Limited Company in the Making written by Pablo Rudiger S. De Erice and published by . This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Societas Privata Europaea Could it Promote the Internationalization of Small and Medium Sized Enterprises written by Martina Eckardt and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Small and medium-sized enterprises (SMEs) are important for employment, innovation and growth. However, due to their size, SMEs experience a number of restrictions which also lead to a low degree of internationalization. To promote their internationalization, the European Union plans to introduce a supranational private limited liability company (the European private Company, SPE). After an empirical overview of SMEs in the EU, we analyze whether the SPE draft regulation does indeed provide rules which result in (1) low transaction and coordination costs, (2) provide secure ownership rights and (3) reduce information asymmetries and thus mitigate agency relations among owners, management, employees and creditors of SMEs. As this can be agreed to, we ask whether an additional 28th EU-wide private legal form is necessary. We discuss the available empirical findings about the extent of horizontal and vertical competition in company law in the EU. Finally, we examine whether the theory of interjurisdictional competition provides normative arguments in favour or against of introducing the SPE. We conclude that there are no profound objections against the introduction of the SPE from the theory of regulatory competition.
Download or read book The European Private Company SPE written by D. F. M. M. Zaman and published by . This book was released on 2009 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The European Private Company written by Rolandino Guidotti and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparison of the Gesellschaft mit beschr nkter Haftung the British limited company and the Societas Privata Europaea written by Steve Brause and published by GRIN Verlag. This book was released on 2011-06-22 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2010 in the subject Didactics for the subject English - Pedagogy, Literature Studies, grade: 3,0, AKAD University of Applied Sciences Leipzig, language: English, abstract: My personal conclusion is that all these three forms of organization have advantages and disadvantages for nearly everyone who might be interested in incorporate a business. On the one side the GmbH could be used for every business and it is proven. But you need not less than 25.000 € to start your business under this legal structure. Moreover the Limited is also proven, but there is the problem that you need a registered office probably far away from your generally business location. But the advantage of this legal structure is that there is no need to have any initial capital. The SPE is maybe a great legal structure but nobody could know this because it is not tested. The idea of this form of organization in my opinion is a quite good brainchild. Now it depends on you, than all these legal structures are for capital companies and they are generally used for low and mid-level business. The most important fact is that your responsibility is limited.
Download or read book The Law of Business Organizations written by Martin Schulz and published by Springer Science & Business Media. This book was released on 2012-01-05 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).
Download or read book On European Companies in Private International Law written by Maria Kaurakova and published by Claeys & Casteels. This book was released on 2017 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently nobody doubts a significant role of corporations, being not only a primary legal and social, but also economic form of involvement of the multitude as one party in civil and business turnover traditionally presenting high risks. And it is true that, the European Union has long fixed its eyes on perspectives of its economic and political rise, which also may be stimulated by support of the cross-border activity of corporations suited to the dimensions of the Single Market. As may be read between the lines of numerous legal acts of the European Union, the dynamic and ever-increasing Single Market requires rational legal forms, models and institutions to be introduced by the relevant legal instruments.
Download or read book It s the Workers Participation Stupid Why the Societas Europaea Succeeded and the Societas Privata Europaea Failed written by Jean-michel Luyckx and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Creditors of a European Private Company SPE written by Mathias Siems and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Developing Two Tiered Regulatory Competition in EU Corporate Law written by Martina Eckardt and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Centros ruling in 1999, Europe has evolved a two-tiered system of corporate laws. This opens up the possibility of some horizontal regulatory competition between the corporate laws of the member states. Following a draft regulation on the European Private Company (SPE), an additional legal form tailored to the needs of small and medium-sized enterprises (SMEs) is being proposed. We analyse whether such a supranational European legal form can be recommended from the perspective of the economic theory of legal federalism. We present a general theoretical framework for studying centralization/harmonization versus the decentralization of legal rules and regulations in regard to corporate law in the EU. Our analysis of the empirical evidence on horizontal regulatory competition and the advantages or disadvantages of such an additional legal form for SMEs shows clearly that it might render many benefits, compared with the existing situation of only (partial) horizontal competition.
Download or read book European Company Law written by Andrea Vicari and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-03-08 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides students of European company law courses, scholars and practitioners with an overview. Although company law remains mainly regulated at the level of national laws, it has become important to obtain a systematic view of the main directives in the field of company law, the EU Court of Justice’s jurisprudence, the European Model Company Act and the state of implementation of these directives in the member states of the Union. The book therefore contains, in addition to the illustration of the law laid down by EU legislative bodies and the related soft laws, detailed references to the most important domestic legislations and case laws, in order to make them known and usable as much as possible. Moreover, the book allows identifying the most relevant current legislative trends and the main historical reasons for divergences.
Download or read book Societas Privata Europaea SPE written by and published by . This book was released on 2014 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
