The European Private Company?

Volledige citeerwijze volume 9 Ius Commune Europaeum boekenreeks:

W.M.M.L. van Gerven, H.J. de Kluiver (eds.), The European Private Company? (1995, MAKLU Uitgevers, Antwerpen-Apeldoorn, ISBN 90-6215-466-2, 234 p.)

Flaptekst:

The law concerning private companies varies considerably among the EC Member States. For example in some EC countries private companies may not have more than a certain number of shareholders, while in other EC countries there is no limit at all. In some countries private companies are obliged to restrict the transfer of shares, while in other countries this is allowed but not mandatory. In some EC countries only natural persons may be directors of private companies while in other countries they may be legal persons as well. In some countries a natural person may only be the single shareholder of one private company, while in other countries businessmen might separate their activities in different companies, all having the same shareholder (which might be a legal person itself). In some countries a considerable amount of money as to be paid in when incorporating a business, whereas in other countries the regime applied to capital of companies is rather lenient. According to some jurisdictions shareholder loans to a company will be requalified as capital while other jurisdictions leave much more room to shareholders. In some countries the chances to hold directors and shareholders liable for company debts are better than in others. This diversity in the field is reflected in the way the laws of different countries are modelled. In some countries the law governing the private company can be read quite separately from the law applicable to the public company, while in other countries the private company is essentially, governed by the rules on the public company, albeit that a private company is granted exemptions. All this, and much more, is discussed in this book. Core issues are incorporation and limited liability of private companies, capital of private companies, liability of directors and shareholders and protection of minority shareholders in private companies. Ultimately the contributions to this book focus on what is needed, and what would be superfluous, for an efficient and effective regulation of private companies. This is related to the question whether it might be necessary or useful to further EC harmonization in this field of the law. The topic mentioned before are discussed by a number of experts from all over Europe, Belgium, Germany, Greece, Italy, France, the Netherlands, Spain and the United Kingdom are represented. In addition specific attention is also devoted to relevant developments in the United States of America.