Izvorni znanstveni članak
Right of Establishment and Corporate Mobility – an Outline of Issues
Siniša Petrović
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Tomislav Jakšić
; Pravni fakultet Sveučilišta u Zagrebu, zagreb, Hrvatska
Sažetak
The paper outlines open issues concerning corporate mobility from the position of both private international law rules and the relevant Community law rules. For the latter, the most important is the fundamental freedom of Community law, i.e. the freedom of establishment. It is the authors’ opinion that for the complete attainment of freedom of establishment it is necessary not only to enable companies to undertake their business activities wherever they want, but also to enable them to transfer their company seat between Member States. That is if such company seat transfer corresponds to company’s business interests and does not lead to abuse of Community given rights. Regardless of diverse positions concerning the actual state of freedom of establishment, that is whether freedom of establishment already fully enables companies to transfer their seat between Member States or not, in order to ensure legal certainty it would be very useful to provide a specific Community level legal instrument that would enable cross-border seat transfer between Member States in a uniform manner. To that end it would be appropriate to continue work on the abandoned 14th Company Law Directive on the Transfer of the Registered Office or De Facto Head Office of a Company from one Member State to Another.
Ključne riječi
right of establishment; seat of company; transfer of seat; cross-border transfer of seat; lex societatis
Hrčak ID:
93127
URI
Datum izdavanja:
3.5.2012.
Posjeta: 2.155 *