The European Parliament's resolution contains some interesting suggestions regarding the future of European company law.
For example, the parliament urges the Commission to make further efforts with a view to the adoption of the Private Company Statute and welcomes the fact that the Commission is conducting a study on European mutual societies, and urges it to move swiftly towards submitting a new proposal for a statute.
Furthermore, the parliament believes that possible reforms of the Second Company Law Directive should focus on further simplification instead of introducing an alternative regime for capital formation and maintenance. Also, the parliament believes that due consideration should be given to the resumption of work on the Fifth Company Law Directive with regard to the structure and operation of public limited companies and reiterates its request to the Commission that it submit a legislative proposal laying down measures designed to facilitate cross-border mobility for companies within the EU (14th Company Law Directive on the cross-border transfer of company seats).
Moreover, the parliament suggests that the Commission resume its work on the Ninth Company Law Directive on groups of companies in order to provide a regulatory framework for this common form of business association athough the parliament believes that there is no need for fully harmonised European corporate legislation on groups, but rather a need for a set of common rules on, inter alia, the protection of subsidiaries and stakeholders and greater transparency as regards legal and ownership structure. Finally, in the the parliament’s opinion conflict-of-law issues also need to be tackled in the field of company law and that further work on conflict-of-law rules with regard to companies‘ cross-border operations is needed.
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