EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES

Legal certainty is needed in the Company Law area, and this could be obtained if all the factors act jointly to achieve this aim by introducing division and conversion regulation, improving legal framework on mergers and in this manner create for company law the possibility to interact properly wi...

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Main Authors: Gabriela FIERBINŢEANU, Vasile NEMEŞ
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2019-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_012.pdf
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author Gabriela FIERBINŢEANU
Vasile NEMEŞ
author_facet Gabriela FIERBINŢEANU
Vasile NEMEŞ
author_sort Gabriela FIERBINŢEANU
collection DOAJ
description Legal certainty is needed in the Company Law area, and this could be obtained if all the factors act jointly to achieve this aim by introducing division and conversion regulation, improving legal framework on mergers and in this manner create for company law the possibility to interact properly with EU legal framework specially designed to ensure that cross border operations will not be used in abusive way. The proposed Company Law Package by the European Commission which consists of two proposals for Directives amending Directive (EU) 2017/1132:Directive as regards the use of digital tools and processes in company law and Directive as regards cross-border conversions, mergers and divisions will achieve its best results only when both instruments could work together, complementing each other. Online solutions for European businesses so that they cut costs and save time and the choice of where to do business and how to grow or reorganise their businesses for honest entrepreneurs should push for a fairer modern Single Market. For the first time in European Union law, rules are provided for cross border conversions and divisions and the regime of cross border merger is improved, the legal framework being adapted to the economic and social realities.
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spelling doaj-art-f6e46e78953f4a0c8ba8a2f19f0a39df2024-12-02T09:52:15ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962019-05-01131302307EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIESGabriela FIERBINŢEANU0Vasile NEMEŞ1Gabriela Fierbinţeanu, author, Assistant lecturer Civil and Commercial Law, PhD, Faculty of Law, Nicolae Titulescu University,Bucharest(gabriela.fierbinteanu@gmail.com)Vasile Nemeş, co-author, Associate professor PhD, Commercial Law, Faculty of Law, Nicolae Titulescu University, Bucharest(nemes@nemes-asociatii.ro)Legal certainty is needed in the Company Law area, and this could be obtained if all the factors act jointly to achieve this aim by introducing division and conversion regulation, improving legal framework on mergers and in this manner create for company law the possibility to interact properly with EU legal framework specially designed to ensure that cross border operations will not be used in abusive way. The proposed Company Law Package by the European Commission which consists of two proposals for Directives amending Directive (EU) 2017/1132:Directive as regards the use of digital tools and processes in company law and Directive as regards cross-border conversions, mergers and divisions will achieve its best results only when both instruments could work together, complementing each other. Online solutions for European businesses so that they cut costs and save time and the choice of where to do business and how to grow or reorganise their businesses for honest entrepreneurs should push for a fairer modern Single Market. For the first time in European Union law, rules are provided for cross border conversions and divisions and the regime of cross border merger is improved, the legal framework being adapted to the economic and social realities.http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_012.pdfconversionsdivisionsfreedom of establishmentartificial arrangementsafeguards for employees
spellingShingle Gabriela FIERBINŢEANU
Vasile NEMEŞ
EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
Challenges of the Knowledge Society
conversions
divisions
freedom of establishment
artificial arrangement
safeguards for employees
title EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
title_full EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
title_fullStr EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
title_full_unstemmed EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
title_short EU FACILITATES NEW RULES FOR CROSS-BORDER MOBILITY OF COMPANIES
title_sort eu facilitates new rules for cross border mobility of companies
topic conversions
divisions
freedom of establishment
artificial arrangement
safeguards for employees
url http://cks.univnt.ro/download/cks_2019_articles%252F2_private_law%252FCKS_2019_private_law_012.pdf
work_keys_str_mv AT gabrielafierbinteanu eufacilitatesnewrulesforcrossbordermobilityofcompanies
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