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The Euro-GMBH: A Chance for the Middleclass
The EU commission is preparing a legislative draft for the European Private Company (“EPC”). Ever since the Societas Europaea (“SE”) this will be the next step for equalizing/coordinating the European Company Law to strengthen the economical transportation (especially for the middleclass) across the boarders and to strengthen the Corporate Governance.
To make further preparations and for the presentation of the proposal, a conference will take place in Brussels, Belgium. European experts will propose and evaluate suggestions concerning the EPC. The critical question is if the EPC will consist of one uniform European legislation backbone or whether one will have to recall/refer to the norms of each country. Most of the attention will be focused on the minimum of money (assets) necessary to start a company, rules regarding the maintaining the assets, and necessary positions held.
Many prefer a European legislation backbone which will refer to each country’s legislation as little as possible, because they have had negative experience with the SE (joint-stock company). The main advantage of EPC would be a Europe-wide uniformity/standardization, that will allow small and middleclass firms easier access to the greater European market; this would not be the case if one had to excessively refer to each country’s regulations. The course of business wouldn’t be stumped by each country’s represented rules, minimum asset requirements or the requirements of the workers contributions.
The European Parliament stated that they would vote for a unified European legislation frame. Beyond that the European Parliament has made some suggestion, which they would like to see come true in the proposal of the European Regulations. They suggested that the EPC can be founded off of 10.000 Euros which wouldn’t have to be paid into an account. Also, one company leader would suffice who would be responsible for the liabilities regarding the civil and criminal law and the European private social law.
The European Parliament demands that the EPC can emerge while following the European Laws from the joint-stock company or from a EU-member.
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2009 - JASPER RECHTSANWÄLTE