Review article
The Changes of the Regulatory Framework of a German Limited Liability Company as a Consequence of Regulatory Competition in the Field of Companies Law Among the European Union Member States
Sanja Gongeta
; Veleučilište u Vukovaru
Abstract
This paper provides analysis of the background and the progress of the greatest reform of the German companies law regulatory framework, with special emphasis on enabling the founding of a version of limited liability company, the so-called Mini GmbH. It points out to the rulings of the European Court which are crucial to confirming the right to freedom of business founding and the development of the regulatory competition in the field of companies law among the European Union member states. The legal organization of the German version of limited liability company and of its greatest competitor, the English limited liability company, is presented in a comparative way. It strives to provide an answer to the questions whether the German legislator did manage to protect the limited liability company from abuse in business management, and whether it did manage to make it more attractive in relation to the international true forms through deregulating and modernizing. Lastly, it also analyzes the implications of the regulatory competition on the companies law of the Republic of Croatia, as the European Union's youngest member state.
Keywords
modernization of a limited liability company; freedom of business founding; regulatory competition; reform of companies law; simple limited liability company
Hrčak ID:
131283
URI
Publication date:
22.12.2014.
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