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2021
Company law has been one of the fields of law in which Malta implemented the acquis communautaire since 1995 almost a decade before EU Membership. The first company act in Malta was the Commercial Partnerships Ordinance which was subsequently replaced in 1995 with the Companies’ Act in 1995.
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Company law has been one of the fields of law in which Malta implemented the acquis communautaire since 1995 almost a decade before EU Membership. The first company act in Malta was the Commercial Partnerships Ordinance which was subsequently replaced in 1995 with the Companies’ Act in 1995.
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Transnational Company Agreements and EU Law
International Journal of Comparative Labour Law and Industrial Relations, 2023This article analyses transnational company agreements (TCAs) as a new form of social dialogue in multinational companies and examines why a legal framework for TCAs has not yet been introduced at European level. It argues that a reopening of the discussion on the introduction of such a legal framework should be promoted in order to strengthen the ...
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SSRN Electronic Journal, 2016
One thing is to harmonise EU company law, another thing is to ensure that the harmonised law is enforced properly. There are indications that there may be enforcement problems in this area. Such problems can be mitigated or even eliminated if EU law sets clear standards for how enforcement should be conducted.
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One thing is to harmonise EU company law, another thing is to ensure that the harmonised law is enforced properly. There are indications that there may be enforcement problems in this area. Such problems can be mitigated or even eliminated if EU law sets clear standards for how enforcement should be conducted.
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UK and EU Company Law after Brexit
European Company and Financial Law Review, 2020This article looks at the effect of the United Kingdom withdrawal from the European Union (EU) (Brexit) on UK company law. In particular, it considers the general approach to EU-derived company law, the effect on takeovers, international accounting standards, accounting requirements, requirements for EEA companies with an establishment in the United ...
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Impact of EU Law on International Company Law
European Review of Private Law, 2010Abstract: In the absence of harmonization, Member States’ conflict rules to determine the law applicable to companies and particularly the continuing cleft between the incorporation method and siege-réel approach cause difficulties for the internal market for companies by, sometimes, frustrating cross-border establishments.
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Optimal Rather than Mandatory EU Company Law
European Company and Financial Law Review, 2006A significant debate rages within the EU about whether to give firms the choice to opt in or out of corporate law provisions. Both sides agree that more flexibility and adaptability of legal rules to business needs is crucial. Nevertheless, and not surprisingly, many still view EU mandatory harmonization efforts as an opportunity to upgrade Member ...
Hertig, G., McCahery, J.A.
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Free movement of companies under company law, tax law and EU law
2001Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible.
Neville, Mette +1 more
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EU Company Law: Past, Present and … Future?
Global Jurist, 2018Abstract As 2018 marks the 50th anniversary of the approval of the first Directive on EU Company Law, it is a good time to review its past and present in order to assess whether its foreseeable future meets the needs of European enterprises.
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Relationship between Goals of Company Law and Harmonization of Company Law in the EU
SSRN Electronic Journal, 2013In the European Union there is still a discussion continuing about the desirable extent of harmonization of company law. According to the subsidiarity principle, the union should enact company law only in cases where member states cannot solve an issue effectively themselves. The primacy of national legislation is fueled mainly by benefits of diversity
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