|Conţinutul numărului revistei|
|Ultima descărcare din IBN:|
| SM ISO690:2012|
GRIBINCEA, Lilia. Societăţile Europene (Societas Europaea) . In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale. 2011, nr. 3, pp. 14-23. ISSN 1857-1999.
|Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale|
|Numărul 3 / 2011 / ISSN 1857-1999 /ISSNe 2345-1963|
The completion of the internal market and the improvement it brings about in the economic and social situation throughout the Community mean not only that barriers to trade must be removed, but also that the structures of production must be adapted to the Community dimension. For that purpose it is essential that companies the business of which is not limited to satisfying purely local needs should be able to plan and carry out the reorganisation of their business on a Community scale. Such reorganisation presupposes that existing companies from different Member States are given the option of combining their potential by means of mergers. Such operations can be carried out only with due regard to the rules of competition laid down in the Treaty.
A company may be set up within the territory of the Community in the form of a European public limited-liability company (Societas Europaea or SE) on the conditions and in the manner laid down in the Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE).
The capital of an SE shall be divided into shares. No shareholder shall be liable for more than the amount he has subscribed. An SE shall have legal personality. Employee involvement in an SE shall be governed by the provisions of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees.
The capital of an SE shall be expressed in euro. The subscribed capital shall not be less than EUR 120000. The laws of a Member State requiring a greater subscribed capital for companies carrying on certain types of activity shall apply to SEs with registered offices in that Member State.
Public limited-liability companies, formed under the law of a Member State, with registered offices and head offices within the Community may form an SE by means of a merger provided that at least two of them are governed by the law of different Member States.
Public and private limited-liability companies, formed under the law of a Member State, with registered offices and head offices within the Community may promote the formation of a holding SE provided that each of at least two of them:
a) is governed by the law of a different Member State, or
b) has for at least two years had a subsidiary company governed by the law of another Member State or a branch situated in another Member State.
A public limited-liability company, formed under the law of a Member State, which has its registered office and head office within the Community may be transformed into an SE if for at least two years it has had a subsidiary company governed by the law of another Member State.
A Member State may provide that a company the head office of which is not in the Community may participate in the formation of an SE provided that company is formed under the law of a Member State, has its registered office in that Member State and has a real and continuous link with a Member State's economy.