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Topic: European Company Statute

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	The advantages of a European Company
		The creation of the European Company Statute will mean in practice, that companies established in more than one Member State will be able to merge and operate throughout the EU on the basis of a single set of rules and a unified management and reporting system.
		The European Company Statute is established by two pieces of legislation, namely a Regulation establishing the company law rules (directly applicable in Member States) and a Directive on worker involvement (which will now have to be implemented in national law in all Member States).
		European Companies with commercial interests in more than one Member State will be able to move across borders easily as the need arises in response to the changing needs of their business.
	www.nl.pwc.com /extweb/bn/TaxNews.nsf/Public/ZO13253 (740 words)

	European Company Statute
		Proposal for a Council Regulation on the Statute for a European Company.
		Proposal for a Council Directive complementing the Statute for a European Company with regard to the involvement of employees in the European company.
		Formation of an SE holding company is available to public and private limited companies with their registered offices in different Member States, or having subsidiaries or branches in Member States other than that of their registered office.
	www.itcilo.it /english/actrav/telearn/global/ilo/law/eucomp.htm (1001 words)

	COMPANY LAW - European Company Statute - Commission welcomes formal adoption
		Under the European Company Statute, a European Company can be set up by the merger of companies located in at least two Member States or by the creation of a holding company or a joint subsidiary or by the conversion of an existing company set up under national law.
		This would be the case of a European Company created as a holding company or joint-venture when a majority of the employees had the right, prior to the creation of the SE, to participate in company decisions.
		In the case of a European Company created by a merger, the standard principles on participation of its workers would have to be applied when at least 25 % of employees had the right to participate before the merger.
	ec.europa.eu /internal_market/smn/smn28/s28mn30.htm (640 words)

	Corporate Governance under the Proposed European Company Statute (Site not responding. Last check: 2007-10-16)
		The present draft of the proposed Council Regulation on the Statute for a European Company[40] presents two management structures and the choice, as to which model a particular SE adopts, is to be made by the founder companies of the SE itself.
		A company or other legal entity may be permitted to be a member of one of its organs, if permitted by its Statutes, provided that this does not go against the law applicable to public limited‑liability companies in the MS in which the SE is registered.
		French companies, which had previously been rooted in centralist values were given the possibility of adopting a two-tier board of management, where the directoire holds the responsibility of the day to day running of the business whilst the Conseil de Surveillance ensures that the management carries out its duties proficiently.
	www.cc-advocates.com /publications/articles/corporate-governance.htm (4692 words)

	EU adopts European Company Statute \| OUT-LAW.COM
		In the case of a European Company created by a merger, the standard principles on participation of its workers would have to be applied when at least 25% of employees had the right to participate before the merger.
		European Companies created by merger will be the first type of company to be able to benefit from the Directive on eliminating double taxation of cross-frontier mergers.
		As regards company pension schemes, European Companies stand to benefit from the provisions of the proposal for a Directive on occupational retirement provision presented by the Commission in October 2000, notably as regards the possibility for a company to set up a single pension fund for all employees throughout the EU.
	www.out-law.com /page-2044-theme=default (2052 words)

	European Company Statute in focus
		During 2002, the governments of the EU Member States and the social partners are examining the implementation of the European Company Statute – the recent EU measure which allows for the creation of a new type of company incorporated at European level and regulates the employee involvement arrangements to apply in such firms.
		Council Directive 2001/86/EC supplementing the Statute for a European Company with regard to the involvement of employees (both were published in the Official Journal of the European Communities on 10 November 2001) (EU0110203N).
		A company based outside the EU may (if individual Member States so decide) participate in the formation of an SE, provided that it 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.
	www.eurofound.europa.eu /eiro/2002/06/feature/EU0206202F.html (1505 words)

	Setting up a European Company - Societas Europeae
		The creation of the European Company Statute will mean that companies established in more than one Member State will be able to merge and operate throughout the EU on the basis of a single set of rules and a unified management and reporting system.
		European Companies with commercial interests in more than one Member State will be able to move across borders easily in response to the changing needs of their business.
		As regards company pension schemes, European Companies would stand to benefit from the provisions of the proposal for a Directive on occupational retirement provision presented by the Commission in October 2000, notably as regards the possibility for a company to set up a single pension fund for all employees throughout the EU.
	www.ebreport.com /EU-B/EUB-04-235-M.htm (1275 words)

	European Company Statute - Wikipedia, the free encyclopedia
		The Council Regulation on the Statute for a European Company of the European Union (adopted October 8, 2001; OJ L 294, 10 November 2001, pp.
		This means that companies have to comply with many different regulatory systems, and merger of companies from different states is often complex and difficult.
		The regulation is complemented by the Council Directive supplementing the Statute for a European Company with regard to the involvement of employees (adopted October 8, 2001; OJ L 294, 10 November 2001, pp.
	en.wikipedia.org /wiki/European_Company_Statute (812 words)

	The statute of European Society and the employee profit sharing (Site not responding. Last check: 2007-10-16)
		Nevertheless, a convergence on the European plane is clearly evident, especially in comparison to other systems at work within the world, and the conception of the European company statute contributes to the strengthening of this European identity.
		The European company, or EC, will constitute a new type of limited company, under Community law, of optional nature created by mergers, by the establishment of a joint subsidiary or a holding company between the companies of different countries, or by the conversion of a national company.
		The question of the European company is of particular significance for Germany, because the composition of the board of trustees of large companies is of quasi-equal representational nature, which can be affected as large mergers in process demonstrate.
	cog.kent.edu /lib/PichotEnglish.htm (3582 words)

	European Company Statute in focus
		During 2002, the governments of the EU Member States and the social partners are examining the implementation of the European Company Statute – the recent EU measure which allows for the creation of a new type of company incorporated at European level and regulates the employee involvement arrangements to apply in such firms.
		The ECS Regulation gives companies the option of forming a European Company (SE) which can operate on a Europe-wide basis and be governed by Community law directly applicable in all Member States (rather than national law).
		A company based outside the EU may (if individual Member States so decide) participate in the formation of an SE, provided that it 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.
	www.eiro.eurofound.eu.int /2002/06/feature/EU0206202F.html (1438 words)

	SSRN-Silence Is Golden: The European Company Statute as a Catalyst for Company Law Arbitrage by Luca Enriques
		Matters not covered by the Statute are governed by the law on public limited-liability companies of the Member State in which the SE has its registered office and central administration.
		The purpose of this paper is to show that the very lack of a uniform regime on issues affecting a company's position (as prey or predator) in the market for corporate control may prove to be a key factor for the success of this new legal form.
		Enriques, Luca, "Silence Is Golden: The European Company Statute as a Catalyst for Company Law Arbitrage" (March 2003).
	papers.ssrn.com /sol3/papers.cfm?abstract_id=384801 (409 words)

	ETUC welcomes the inception of the European Company Statute
		The European trade union movement has already debated the modernization of company law and is convinced that information, consultation and participation of workers is an asset for modern corporate governance and will lead to economic advantages for companies.
		This is the reason why the European trade union movement welcomed this new legislation in October 2001 as an historic achievement on the road to improved industrial democracy and civil society in Europe.
		The European trade unions are wondering which company, which investor, will take the initiative to show their willingness to complete the European Social Model by making use of the new legal provisions and by introducing obligatory workers’ participation into the highest decision-making bodies also.
	www.etuc.org /a/402 (542 words)

	Watson Wyatt - Multinational
		On 8 October, the Council of Ministers formally adopted the Regulation to establish a European Company Statute (ECS) and the related Directive concerning worker involvement in European companies.
		The European Company ('Societas Europaea' or SE) will give companies operating in more than one Member State the option of establishing as a single company under Community law operating throughout the EU under a unified management and reporting system.
		An ES can be set up by the creation of a holding company or a joint subsidiary or by the merger of companies located in at least two Member States or by the conversion of an existing company set up under national law.
	www.watsonwyatt.com /multinational/editions/2001/2001_11_n03.asp (282 words)

	SEEUROPE
		A European Company (SE) is a public limited-liability company which is governed by Community law directly applicable in all member states.
		The conditions for this are laid down in two pieces of legislation: The Regulation on the Statute for a European Company (SE) and the Directive supplementing the Statute for a European Company with regard to the involvement of employees.
		In the eyes of the Commission, the European Company Statute (ECS) “will mean in practice, that companies established in more than one Member State will be able to merge and operate throughout the EU on the basis of a single set of rules and a unified management and reporting system.
	www.seeurope-network.org /homepages/seeurope/europeancompany/faq.html (3602 words)

	EUROPA - Glossary - European Company
		The European Company (known by its Latin name of "Societas Europaea" or SE) is a company established under Community law.
		In 2001, the Union formally adopted the regulation on the Statute for a European Company and the associated directive on employee participation in European Companies.
		It allows companies to cut administrative costs and provides them with a legal structure suitable for the common market, avoiding the legal and practical constraints arising from 25 different legal systems.
	europa.eu /scadplus/glossary/eu_company_en.htm (229 words)

	ICC Information - Providers of business information for over 30 years
		The European Company Statute and the European Public Limited Liability Regulations 2004 became available for use in the UK on 8th October 2004; over 30 years after the Commission first proposed it.
		The European Company Statute is established by two pieces of legislation, namely a Regulation EC 2157/2001 (establishing the company law rules) and a Directive 2001/86/EC (on worker involvement).
		Under the Statute, an SE can be set up by the creation of a holding company or a joint subsidiary or by the merger of companies located in at least two Member States or by the conversion of an existing company set up under national law.
	iccinformation.marketingmatch.net /north/article.asp?ID=67 (521 words)

	VDMA in Europe
		31.07.2007 - The European Commission presented a mid-term review of EU industrial policy, in which it takes stock of the achievements of cross-sectoral policies and sector-specific initiatives (re)launched in October 2005.
		20.07.2007 - The European Commission has launched a consultation on a possible statute for a European Private Company.
		Harmonisation of the regulatory framework in the EU internal market - We commit ourselves to a strengthened self-responsibility of the industry
	www.vdma.org /wps/portal/Home/en/inEuropa?WCM_GLOBAL_CONTEXT=/Home/en/inEuropa (224 words)

	Proposed Societas Europaea Partially or Wholly Governed by European Legislation?
		The original drafters of the ECS envisaged a supra-national company completely independent of the national laws of the MSs, yet after decades of futile debate, Europe has become even more convinced of the impossibility of this task.
		In addition, throughout these years, in seeking a system for the creation of a European Company which will operate effectively in the Single Market, MSs have let go of some of the principles which permeate their national systems and tried to find a common denominator to link their mutual objectives.
		The adoption of the Statute will be a very strong symbol of the Single Market of the future, a Single Market which is equipped to advance into its next phase of integration.
	www.cc-advocates.com /publications/articles/european-company-statute-2.htm (1250 words)

	European Private Company Statute (Site not responding. Last check: 2007-10-16)
		European company law has a facilitating function towards entrepreneurs and investors.
		The introduction of a European Private Company Statute (EPCS) is part of the Action Plan of the European Commission on Modernisation of Company Law and Enhancement of Corporate Governance [2].
		Since a harmonisation of company law provisions concerning employee participation rights at board level has proven to be beyond reach so far, there is no other acceptable solution than to safeguard pre-existing rights and/or to require Member States to impose analogous application of the participation provisions of national company law.
	www.etuc.org /a/3066 (919 words)

	UNI-Europa Issues: European Company, Societas Europea - SE (Site not responding. Last check: 2007-10-16)
		On 8 October 2001, the European Union adopted the European Company Statute after more then three decades of on and off negotiations.
		The provisions, which come into force in October 2004, allows companies from at least two different member states, to establish themselves under EU law as one legal entity, the "Societas Europea (SE)".
		Similar to the European Works Council Directive, there is a requirement for negotiations on these issues between company and employees' representatives and there is also an annex which sets out rules that apply if an agreement is not reached.
	www.union-network.org /unieuropanews.nsf/EuropeanCompany?OpenPage (241 words)

	EUROPA - Rapid - Press Releases (Site not responding. Last check: 2007-10-16)
		The European Commission has welcomed the political agreement reached by the EU's Council of Ministers on December 20 on the Regulation to establish a European Company Statute (ECS) and on the related Directive concerning worker involvement in European Companies.
		If the European Parliament endorses the texts agreed by the Council, the European Company (known by its Latin name of 'Societas Europaea' or SE) will become a reality some 30 years after it was first proposed.
		For companies active across the Internal Market, the European Company therefore offers the prospect of reduced administrative costs and a legal structure adapted to the Internal Market as a whole (see also MEMO/00/119).
	europa.eu /rapid/pressReleasesAction.do?reference=IP/00/1495&format=HTML&aged=0&language=EN&guiLanguage=en (720 words)

	At Last, a European Statute for Foundations? (Site not responding. Last check: 2007-10-16)
		The proposed Regulation for the European Company Statute makes it possible to establish a company that will operate in a transnational context, without the need to set up separate subsidiaries in different countries.
		The latter Statute is designed to enable the creation of a European legislative instrument for social economy organisations (foundations, associations, mutuals and cooperatives).
		Led by the European Union Committee and its Legal Task Force, Members are currently taking a fresh look at the implication of the Council agreement and plan to develop a position paper for discussion by the wider membership at the Annual General Assembly and Conference on 20-23 May 2001 in Stockholm, Sweden.
	www.efc.be /cgi-bin/articlepublisher.pl?filename=TS-SE-10-01-4.html (239 words)

	EU news: An Independent View from European Voice
		EUROPEAN trade unions have issued a stark warning that without significant changes, the proposed ‘employment chapter’ of the revised Maastricht Treaty will be strong on rhetoric but weak on content.
		THE European Commission will next week push for an agreement in principle on the scale of funding to be allocated to the fifth programme for research and development.
		EUROPEAN trade officials will meet their Chinese counterparts next week to discuss conditions for the Communist giant’s entry to the World Trade Organisation, possibly as early as next year.
	www.europeanvoice.com /archive/issue.asp?id=75 (1661 words)

	The European Company (padawan.info)
		The EU has created the statute of European company, dubbed SE for Societas Europeae.
		The European Company Statute will be established by two pieces of legislation, namely a Regulation (directly applicable in Member States) establishing the company law rules and a Directive (which will have to be implement in national law in all Member States) on worker involvement.
		This statute has yet to be formally adopted.
	www.padawan.info /europe/the_european_company.html (271 words)

	ORGALIME: European Private Company
		In the essential requirements for the model of company statutes we proposed that an EPC must be as simple as possible to set up, with minimal bureaucracy and incorporation costs and a minimum level of capital which is not set too high.
		A position paper was submitted calling for the simplifying of the legal environment for companies through the promotion of European Private Company development which we believe could be better adapted to the needs of SMEs.
		The Commission is still awaiting the outcome of its proposed statute for the “European Co-operative Society”, and has indicated that it will study further our proposals.
	www.orgalime.org /issues/epc.asp (235 words)

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