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Is a Directive on Corporate Mobility Needed?

Published online by Cambridge University Press:  19 April 2007

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Abstract

After a short historical introduction, this paper argues that corporate mobility remains a real political issue. To clarify matters, it proposes to distinguish between a formal seat transfer, being the choice of a different legal regime, and a de facto seat transfer that would not affect the applicable company law, the host State not being entitled to apply its company law rules. A future directive should be based on this distinction, prescribing the formalities for the former and stating clearly the consequences of the latter, thereby also defining the limits within which the “general good” can be invoked.

Type
Articles
Copyright
T.M.C. Asser Press 2007

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Footnotes

This paper is based on a presentation the author gave at a hearing before the European Commission.