The Statute will afford companies a far greater degree of flexibility and mobility throughout Member States than they have heretofore enjoyed. The authors of this book detail the various forms of incorporation allowed by the Statute, as well as the regulations governing share capital, transfer of registered offices, and company organs and their members. The in-depth analysis of the SE regime goes on to examine the areas in which Member State procedures will remain predominant, such as registration, publication, legal scrutiny, accounting and auditing, winding up, insolvency, and liquidation. The vexed issue of employee involvement is explored in a separate chapter.
The book devotes six of its thirteen chapters to the most obvious business element on which the SE is silent - the crucial issue of taxation. Extrapolating from a detailed examination of the European tax directives and related conventions and proposals, the authors convincingly demonstrate that the European Company Statute will necessarily expedite the harmonisation of tax laws among the Member States. In their conclusion, they present a framework for a corporate tax system that they believe is compatible with both the European company and national tax laws. The subject of taxation does not come within the scope of the European Company''s statute, yet the research would be conspicuously incomplete if it did not take into account this crucial factor. Indeed, by appraising the relevant existing Directives and proposals in the field of direct taxation and by describing the new tax model applicable on a EU-wide basis, in an easy-to-understand manner, the authors demonstrate the full fiscal benefits of establishing a European Company.
The European Company Statute will be of immeasurable value to business persons, lawyers, and academics in a number of relevant fields everywhere, as it deals incisively with important matters affecting any company activity in Europe, whatever its origin. It will prove an incomparable guide to informed and rational decision making concerning European business.
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