Business Law in Europe: Legal, tax and labour aspects of by Paul M. Storm (auth.), Maarten J. Ellis, Paul M. Storm

By Paul M. Storm (auth.), Maarten J. Ellis, Paul M. Storm (eds.)

This e-book is meant to function a consultant to businessmen and their advisers, both from open air the typical industry or from inside, who search easy info on questions in 3 major fields: corporation legislation and comparable felony concerns, taxation, and labour legislations. if you happen to desire to determine an input­ prise or shape a maintaining or financing corporation in a single of the Member States of the typical industry (including Greece, in fact) or Switzerland this advisor deals a distinct chance to check stipulations within the numerous international locations within the 3 fields. this is often facilitated by way of the stern adherence to 1 layout for every nationwide bankruptcy. those who find themselves already found in a number of of the 11 nations will discover a worldwide resolution to a couple of functional questions that could come up. For particular solutions the neighborhood legal professional or different advisor continues to be critical. The layout is predicated on assorted ways the overseas investor may perhaps take: both he 'goes it alone', in terms of constructing a department, constructing a subsidiary or taking up an present corporation, or he joins forces with one other investor from in the host nation or from open air. within the latter occasion there are many criminal varieties (jointly owned corporation, partnership, and so forth. ) that may be used.

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Extra resources for Business Law in Europe: Legal, tax and labour aspects of business operations in the ten European Community countries and Switzerland

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30. The adoption of the Directive has been considerably delayed by controversies relating to the protection of the rights of the employees of the merging companies. However, this problem was solved by the adoption of Directive 77 /187 /EEC21 to which the Third Directive now simply refers. 31. The protection of creditors' interests is largely left to the discretion of the Member States. The Directive requires them to provide for an adequate system of protection which must at least provide that creditors shall be entitled to obtain adequate safeguards where the financial situation of the merging companies makes such protection necessary and where those creditors do not already have such safeguards.

2 and Supplement Bulletin EC 9/76 (with explanatory memorandum). 31. OJ nr. C 14, 17-1-'79, p. 2. 31 so, how? Should 'horizontal groups' (where there is no relationship based on dominance of one enterprise over the other, but where enterprises are nevertheless managed on a 'unified basis') be included? 58. The Commission's amended proposal contains definitions of 'associated', 'affiliated', 'dominant', 'dependent', and 'group' undertakings. A dominant undertaking and one or more undertakings dependent on it constitute a group if the dominant undertaking 'exercises in practice its dominant influence to the effect that all such undertakings are managed on a unified basis by the dominant undertaking'.

Consequently, the Directive only provides what information must at least appear in the Statutes, the instrument of incorporation or a separate document. This information is mainly concerned with the capital of the company, the real core of the Directive. 22. The Directive itself is not divided into parts or chapters, probably because it was considered too difficult to make a consistent division of its subjects. I feel there is some merit in distinguishing the provisions on the raising of capital (artt.

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