Author: Stephan Rammeloo
Publisher: Oxford University Press on Demand
Size: 24.99 MB
Format: PDF, Kindle
This textbook provides an analysis of this important subject for company lawyers. It includes discussion of the principle of freedom of establishment and focuses upon the key issue of determining where a corporation has its "seat" for legal purposes. A survey is given of current European law and of private international law developments in three "incorporation" countries (the Netherlands, England and Switzerland) and three "real seat" countries (Germany, France and Italy). Following on from entry into force of the Treaty of Amsterdam, an integrated approach of European law and private international law is advocated in order to develop instruments to facilitate cross-border company migration. Special attention is given to the 1998 EC Draft Proposal for a Fourteenth Company Law Directive on Cross-border Company Transfers.