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On the Directive Proposal as regards Cross-border Transformations

Publication at Faculty of Law |
2018

Abstract

The article analyses in detail the new Directive Proposal of the European Commission as regards cross-border conversions, mergers and divisions ("Proposal"). The article does not only describe the Proposal but also points out to several interpretation problems of the Czech language version and possible problems it may cause in practice.

The authors believe that the Proposal may help especially small and medium-sized enterprises to promote their growth and their mobility within the EU, however some modifications to the Proposal needs to be done so that there are no undue differences between the particular types of cross-border transactions, so that it is clear, without the problems of interpretation and so that it does not pose too much of a burden on the companies. At the same time, the authors believe that the harmonization of rules on protection of members, creditors and employees is necessary, but needs to be balanced.