engleski

Right of Establishment and Corporate Mobility - An Outline of Issues

The paper outlines the basic issues arising from the rules on the right of establishment in the European Union and discusses to what extent those rules enable companies to change their seat. The seat of the company is crucial for determining the substantive law which applies to the company. The substantive law may be either the law of the registered seat or the law of the real seat of the company. Conflict of laws rules in various countries are different as to the determination of the substantive law, depending on whether that law applies real seat or registered seat theory. Any company and its members are interested that the applicable substantive law is favorable to the company, its members and its business. The open question is, however, to what extent they are free to choose that law, by choosing the place of incorporation and/or by moving the seat of the company from one country to the other.

right of establishment; European Union; law of the registered seat; law of the real seat; conflict of laws rules

nije evidentirano