Original scientific paper
Cross-Border Transfer of Company Seat in European and Croatian Law
Dionis Jurić
orcid.org/0000-0001-7725-7531
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
Cross-border transfer of company seat represents a controversial issue in the EU because of the differences in national conflict of laws and substantive provisions of the EU Member States. This adversely affects the mobility of companies in the internal market of the EU. For this reason, the ECJ case law has dealt with the problem of cross-border transfer of the actual company seat. In its judgements the ECJ distinguishes the cases of immigration from the cases of emigration of companies. Secondary legislation of the EU is important in regard to cross-border transfer of the registered company seat. It regulates cross-border transfer of the registered seat of supranational companies and cross-border company mergers. The Republic of Croatia applies the incorporation theory for determining the applicable law for companies. Its national provisions are in line with the secondary legislation of the EU.
Keywords
cross-border transfer of seat; applicable law for companies; European Union; Republic of Croatia
Hrčak ID:
176326
URI
Publication date:
30.12.2016.
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