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Ex-post analysis of the EU framework in the area of cross-border mergers and divisions: European Implementation Assessment

21-12-2016

This study presents an evaluation of the implementation and effects of the provisions of EU law on cross-border mergers and divisions. In this context, it focuses, in particular, on the EU Directives on the division of public limited liability companies (82/891/EEC) and on cross-border mergers of limited-liability companies (2005/56/EC), analysing their relevance, and in particular, the gaps and challenges in the application of these directives, in view of the potential for a further legislative ...

This study presents an evaluation of the implementation and effects of the provisions of EU law on cross-border mergers and divisions. In this context, it focuses, in particular, on the EU Directives on the division of public limited liability companies (82/891/EEC) and on cross-border mergers of limited-liability companies (2005/56/EC), analysing their relevance, and in particular, the gaps and challenges in the application of these directives, in view of the potential for a further legislative initiative in this field.

Cross-Border Mergers and Divisions, Transfers of Seat: Is there a Need to Legislate?

15-06-2016

The Study analyses whether and to what extent there is a need to legislate with respect to cross-border mergers, cross-border divisions and cross-border transfers of seat (cross-border conversions). Affirming a clear need for such legislation, it is recommended to extend the Cross-Border Mergers Directive into a single Cross-Border Mobility Directive encompassing revised rules on cross-border mergers as well as new rules on cross-border divisions and cross-border transfers of seat for all legal ...

The Study analyses whether and to what extent there is a need to legislate with respect to cross-border mergers, cross-border divisions and cross-border transfers of seat (cross-border conversions). Affirming a clear need for such legislation, it is recommended to extend the Cross-Border Mergers Directive into a single Cross-Border Mobility Directive encompassing revised rules on cross-border mergers as well as new rules on cross-border divisions and cross-border transfers of seat for all legal entities within the meaning of Art. 54 TFEU.

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