"This book analyses the "societas unius personae" (SUP) proposed by the European Commission (COM 212). It concludes that the proposal has two serious weaknesses, namely the unsafe proof of the identity of the founder and the insufficient protection of creditors. To these is added, inter alia, the missed parallelism with applicable insolvency law because of the adoption of the registered office as a connecting factor. Furthermore, the SUP is largely unsuitable as a building block for corporate groups due to the non-regulation of the single-member's right to issue instructions and of director's liability. The author does not perceive a need for introducing the SUP in the first place, nonetheless, he suggests several amedments to the wording of the text of the proposal. For a better understanding: an appendix contains the Commission's Proposal of April 2014 and the General Approach adopted by Council of the European Union in May 2015."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages XIII-XVIII) and index.
Formatted Contents Note
Introduction Remote formation via mouse click Membership Share capital : raising capital and capital protection Structure of the SUP Separation of the registered office from the central administration On the choice of the legal basis for the SUP directive General evaluation and conclusions.
KJE2520 .K56 2016
München : C.H. Beck ; Oxford, United Kingdom : Hart ; Baden-Baden, Germany : Nomos, 2016.