By Dirk Van Gerven
This booklet presents an outline of the second one Council Directive 77/91/EEC of thirteen December 1976 (also often called the Capital Directive) and its imposing principles in each one Member nation of the eu Union and the ecu financial region. It offers businesses and advisors with valuable insights relating to articles of organization and comparable records, the incorporation and capital requisites of eu businesses with constrained legal responsibility and the foundations appropriate to the purchase and pledge in their personal stocks, the cross-participations, the monetary guidance and the distribution of earnings. A basic record at the Capital Directive is by means of a dialogue of the implementation of the principles laid down within the Directive within the nationwide legislation of every Member nation, every one according to a typical structure and contributed by way of a practitioner from that kingdom.
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Extra info for Capital Directive in Europe: The Rules on Incorporation and Capital of Limited Liability Companies
The shares must be distributed to employees within twelve months from their acquisition (Art. ). Finally, national law may provide that a general meeting is not required (a) if the acquisition of own shares is intended to encourage the participation of employees or other groups of persons deﬁned by national law in the company’s capital or (b) for companies incorporated under a special law which are entitled to issue both capital shares and workers’ shares, the workers’ shares being issued to the company’s employees as a separate body, who are represented at general meetings of shareholders by delegates having the right to vote (Art.
55. National law may derogate from the provisions laid down in Article 25 to the extent necessary to adopt or apply provisions designed to encourage the participation of employees or other groups of persons deﬁned by national law in the company’s capital (Art. ). B Shareholders’ pre-emptive right 56. The existing shareholders will be entitled to a pre-emptive right in the event of a capital increase by means of contributions in cash, meaning they can subscribe ﬁrst to the newly issued shares, convertible securities or subscription rights.
Ii) Shares acquired as a result of a universal transfer of assets. (iii) Fully paid-up shares acquired free of charge or by banks and other ﬁnancial institutions as a purchasing commission. 28 dirk van gerven (iv) Shares acquired by virtue of a statutory obligation or resulting from a court ruling designed to protect minority shareholders in the event, particularly, of a merger, a change in the company’s corporate purpose or corporate form, the transfer abroad of its registered ofﬁce or the introduction of share transfer restrictions.
Capital Directive in Europe: The Rules on Incorporation and Capital of Limited Liability Companies by Dirk Van Gerven