EU Company law upgraded: Rules on digital solutions and efficient cross-border operations
Åpen konsultasjon igangsatt av Kommisjonen 10.5.2017
BAKGRUNN (fra Kommisjonens høringsnettside, engelsk utgave)
Period of consultation
From 10 05 2017 to 06 08 2017 (min 12 weeks)
Policy context of the consultation
The Commission work programme for 2017 announced an initiative on company law to facilitate the use of digital technologies throughout a company’s lifecycle and cross-border mergers and divisions. This consultation seeks views on the scope and content of such an initiative.
The results of previous consultations have shown support among stakeholders for promoting the use of digital tools in company law and for addressing the issue of cross-border operations of companies. The 2015 Conference on Company Law in the Digital Age confirmed this. All the main groups of stakeholders have, in particular, made strong calls for EU action on cross-border conversions, including in the 2009 and 2012 European Parliament Resolutions. Conflict-of-law rules already exist in civil and commercial law for contract, tort and delict, and insolvency, but an important gap remains for the law applicable to companies. The European Council has also identified this gap. Already in the Stockholm programme of 2009 it identified company law as an area where the process of harmonising conflict-of-law rules at EU level should continue.
Objective of the consultation
The aim of this public consultation is to collect input from stakeholders on problems in company law, gather evidence of such problems and ask their views on possible solutions on how to address the problems at EU level. The consultation is divided into four parts:
• Part 1: The reasons to act
• Part 2: The use of online tools throughout the companies' lifecycle
• Part 3: The cross-border mobility of companies (mergers, divisions, conversions)
• Part 4: The conflict-of-law rules for companies
The responses will be used to identify which aspects may possibly be addressed in legislative measures and which in other possible complimentary actions in the context of the upcoming company law initiative. However, the results of the consultation are without prejudice to any action the Commission may take in this field.
The responses will be taken into account in the Commission’s impact assessment report in parallel with the results of external studies carried out for the Commission and other available information.
Who can reply to this consultation?
It is important for the European Commission to obtain views and input from the broadest public possible. Contributions are particularly sought from:
• industry and business, including all types of companies from all sectors;
• representative associations at EU and national level (for example, representing the interests of the business community, consumers, trade unions and the legal profession);
• investors and their associations;
• public authorities, including national business registers and judiciary;
• individuals (EU entrepreneurs, consumers); and
• research and academia.
Nærings- og fiskeridepartementet