Pregledni rad
https://doi.org/10.22598/iele.2020.7.2.8
DIGITALIZATION: BALANCE AND PROTECTION – STATE-OF-THE-ART
Tina Jakupak
; Trgovački sud u Zagrebu, Zagreb, Hrvaska
Željka Bregeš
; Trgovački sud u Zagrebu, Zagreb, Hrvaska
Sažetak
This paper provides an overview of the state-of-the-art in this digitalization era in the field of company law. In this paper, the authors present a summary of the (amending) directive of the European Union that is essential for the future digitalization improvement: Directive (EU) 2019/1151 on digital tools and processes in company law. In next year (or in some circumstances two) it is necessary to transpose this (amending) directive into national systems of Member States, but at the same time, it is necessary to maintain national legal traditions. Digitalization and globalization are the two most frequently used words in our surroundings in the last decade. In that perspective, authors analyze amendments of the directive as regards the use of digital tools and processes in company law. It is essential to interconnect central, commercial, and companies registers of Member States. Authors investigate on-line solutions of a company’s lifecycle in the Member States, with the accent on Croatia, as well as access to company information. The focus of this paper is on the rules on online formation of companies, on online registration of branches. The authors also present a summary of the Directive (EU) 2019/2121 on cross-border operations. The freedom of establishment has an important role and companies can exercise this freedom through the new rules on cross-border operations. Authors take an insight into amendments of European Union Directive as regards cross-border conversions, mergers, and divisions. Directive continues to introduce the right to establishment and discusses the harmonization of EU law in the national law of Member States. This paper summarizes the state-of-the-art in this subject area and discusses future development directions. The authors conclude this paper with essential information about the benefits, constraints, and challenges associated with digitalization.
Ključne riječi
EU company law; digitalization; cross-border mergers; directives amendments
Hrčak ID:
250350
URI
Datum izdavanja:
31.12.2020.
Posjeta: 1.611 *